On The Legal Regulation Of "One Housing, Two Sold" In Real Estate Market

Real estate market achieved comparatively great development in China since 90’s of 20th century. The real estate market is divided into three kinds of market level. The primary market of real estate is land use rights transfer market, which is by the state monopoly. The secondary market of real estate is refer to the new real estate for sale and rental market. The three housing market is second-hand housing market. In second-hand house market, the units and individuals resale real estate which they had purchased.In the background of a frenetic period of "Buying a house", the case of house trading is growing, especially to the issue of selling the same house twice in the second-hand house transaction. The government has neglected the second-hand housing market for many years. Legislation for the issue of selling the same house twice is still in absence in our country. Based on all of this, the paper set to study. The purposes of this study are researching the legal character of selling the same house twice, clearing; the ownership right of disputed house, and the effect of second-hand housing transaction contracts, to get the responsibility principle by analyzing relative legislations. Finally, the paper puts suggestions for completing relative legislations in order to protect the benefits of the buyers and sellers and the transaction order of the market.This thesis consists of three chapters excluding preamble and epilogue. The main parts are listed as follows:Part I:Overview placement. Firstly, definite concept of the same house twice by comparing of related concepts. Secondly, analyze the legal character of selling the same house twice. Thirdly, talking about negative results which caused by selling the same house twice.Part II:The lack of legislative situation and legislative regulation of selling the same house twice. Based on the analysis of relevant legislations, it shows the legislation needs of selling the same house twice regulation and analyzes article 49 of The Rights Protection Law for the Consumers to clearing responsibility and responsibility distribution. In addition, the inadequacy of the Judicial Interpretations for the issue of house transaction must learn.Part III:The improvement of the legal system related to selling the same house twice. In chapter three, further law making in issue of selling the same house twice are suggested. Those suggestions are including of improving the "Law of Urban Real Estate Administration" and bringing it into the standard system, determining the subjects of rights and obligations of the main range of issue of selling the same house twice, clearing the regulatory subjects, defining the main responsibility for selling the same house twice and distribution of responsibility, and so on, finally.