On The Legal Rules And Regulations Of Commercial Housing Business

Because our country's real estate legislation is still imperfect, the market mechanism is not perfect, the commercial housing transaction behavioures are rather irregular, specially some property enterprises flagrantly violated good faith, exaggerated advertisement, set up deposit traps, even sell an apartment repeatedly to cheat vendees, the commercial housing disputes are increasing year by year.Its reason, on the one hand is relatively late start of China's real estate, immature development of the market and, more important is many gaps existence of related legal rules, the absence of a set of unified, perfect, scientific and standard system in the commercial housing transaction.I think that although there are quite many administrative intervention in our current real estate market ,but the success is little, the ultimate reason is that China's housing sales haven't formed a scientific system. I desire to synthesize the wisdom of theoretical field and practical field, widely profitsthe legislative experience from various countries, put forward standard system of our country commercial housing transaction. Namely take the litigant rights and obligations as the centerThat is, go back to equal, voluntary contract legal relationship. First of all, I ascertained the basic principles of the legal rules and regulation of the commercial housing business: Take the meaning autonomous principle as the datum, take the equal contract of sales relations as the basic point, oppose that the seller abuses the superiority status, maintains the litigant equal standing; Take the honest credit principle as the core, restrict seller's congenial behavior, maintain the market transaction order; Give dual attention to fair and balanced principle, take social benefit as auxiliary, join the administrative control suitably, reduce the transaction cost.