On Legal Problems Of The Right To Know In Commercial Residential Building When Making A Purchase In Advance

China's economy the real estate industry as one of the pillar industries in the national economic system occupies an important position. In order to better play its role in promoting the sale of real estate market transactions,speeding up the development of operating cash flow,expand financing channels of effective developers,avoid home buyers from paying back the principal burden of the huge one-time,our introduction of the implementation of a real estate pre-sale system.However,in the real estate pre-sale activities,and as a result of the pre-sale between potential buyer serious information asymmetry,the right to know potential buyer houses damaged.Right to know all the rights in potential buyer constitutes an important basis in a position,only the realization of the right to know in order to better protect other rights.If you can not effectively protect the right to know,other rights will not be able to potential buyer successfully.Therefore,it is necessary to conduct an in-depth analysis of potential buyer the right to know and explore.The actual real estate market in our country,the pre-sale intended to conceal the real situation,the desire to provide false information,to sign the contract contains unfair terms,and the use of the terms of the contract is uncertain potential buyer houses damaged mainly the right to know the circumstance.Violations caused by the above-mentioned reasons,mainly due to China's current legal system is relatively rapid development of the social and economic life,there is a certain degree of lag and inadequate. Such as:the legal framework,lack of a unified system of laws regulating; "contract law" in the protection of the rights of potential buyer there are limits;"Consumer Protection Law" for the protection of the right to know the imperfect;real estate pre-sale of the relevant laws system,inadequate protection of the buyers;the quality of the real estate laws and regulations are also still in a state of semi-mature.In addition,the main body of the disadvantaged potential buyer housing status and special rights are also caused by the difficulty of the reasons against.Housing market transactions in order to ensure the fairness and impartiality,to achieve the maintenance of the right to know the purpose of housing potential buyer,combined with China's current legal,social and market realities,should focus on the following aspects to improve and strengthen the protection of commercial potential buyer right to know: First of all,should be give full play to the existing protective effect of the law,mainly to seriously implement the "Contract Law","Urban Real Estate Law," the full implementation of the "People's Republic of China Law on the Protection of consumer interests",the positive use of "pre-sale management of urban housing" and other administrative laws and regulations.Secondly,should focus on building a long-term protection of the right to know potential buyer integrated mechanism. First,strengthen potential buyer right to know legislation and judicial protection.Citizens the right to know clearly the basis of law in our country an important position,potential buyer against the punitive damages the right to know legislation,the implementation of real estate will be forced to disclose information known to the system of legislation to speed up the damage of buyers who know the procedures for the relief legislation,for obligation to enhance the operator the right to go back and add to consumer legislation and to carry out multi-channel on the judicial protection of the right to know potential buyer.Second,the right to know potential buyer constantly improve the administrative and social protection.Real estate registration system to play the right protection,the use of administrative means to rectify and regulate market order,real estate,real estate market to strengthen the Government's construction and management of the regulatory system to fulfill the functions of law enforcement services to enhance the Government's intervention in a reasonable and constantly improve the social protection of the right to know potential buyer Network to enhance the whole process of potential buyer in advance the level of self-protection.Thus the formation of legislative,judicial,administrative,social and personal at all levels of the joint effort to achieve in a relatively short time to achieve effective protection potential buyer the right to know the purpose of further promoting the healthy development of real estate market.