Study On Legal Regulation Of Pre-sale Advertisements Of Commodity Housing

In recent years, the pre-sale advertising of commercial housing disputes has been escalating. Commercial housing is not an ordinary commodities and commercial housing pre-sale advertising is not an ordinary commercial advertisements,too. Compared to ordinary commercial disputes arising from violations, commercial housing disputes over pre-sale advertisements are often more complicated. Because sale of commercial housing advertisements involve complex legal relationship and there is no uniform standard to solve such cases in judicial practice, so it is urgent to use other legal system to protect the legitimate interests of buyers whose information is at disadvantages. Furthermore, the purpose is to give no survival space for the illegal sale of commercial housing advertisements and to create an ordered system environment for advertising industry so as to promote the healthy development of the real estate market.In 2010, Premier Wen Jiabao made it clear that it will "improve the commercial housing pre-sale system." in the two sessions of the government work report. The supervision in pre-sale advertisements of commercial housing by the country is a systematic project which has the work distribution,the cooperation and the coordination. State power, includes legislative, judicial and executive power in three aspects. State supervision and management of advertising campaigns also have three different aspects. At a legislative view, the state power legislates for the sale of commercial housing campaign, regulates relations between subjects of each advertisement and establishes the respective rights and obligations; from the administrative perspective, the state law enforcement agencies conduct, supervise, inspection, control and guide the advertisers, advertising operators and so on. The state law enforcement agencies also investigate the illegal sale of commercial housing advertisements to protect the healthy and orderly development of the advertising industry and real estate;From a juridical point, in accordance with the relevant provisions of the law,the judiciary accepts the Consumer's claim to punish advertisements crime and to protect the legitimate rights of consumers. This article studies the general principle of pre-sale advertisments of commercial housing,inspects the legal rules and regulations of overseas pre-sale advertisements of commercial housing, analyzes the present regulations situation and the existence question of overseas pre-sale advertisements of commercial housing,proposes the suggestion of law rules and regulations of pre-sale advertisements of commercial housing.The author suggests that in the legislation,formulates "the administration of pre-sale advertisements of commercial housing ",regulates the legal basis of pre-sale advertisements of commercial housing;In the administative supervision,consummates pre-sale advertisements of commercial housing management by supervision system; In the judicature, explicits home-buyer's judicial relief request power. Meanwhile, we must sharpen the advertisement profession autonomy managed capacity,enhances real estate enterprise's social responsibilities,increases dynamics of the society surprvises. By this,establishes the supervision system including the government supervision,the advertisement profession autonomy and the society management. Through the legal supervision system of pre-advertisements of the commercial housing, we can maximum limit the illegal pre-advertisements of the commercial housing, protect the consumers' legitimate rights and interests,let the advertising industry and the real estate industry have a good legal environment, finally we have a benign market competition mechanism in pre-advertisements of the commercial housing.