A Study On The Legal Problems Of Commercial Housing Delivery

Transactions in the commercial housing sales contracts, property buyers have two core objectives,One is to use the actual delivery in accordance with the statutory conditions and the conditions of the agreement commercial housing; two is the acquisition of ownership housing, that is often said that the acquisition of real estate certificates.With the development of urbanization and economy, the number of disputes the sale of commercial housing is increasing, although the "City real estate management law", "City real estate management regulations" and other laws and regulations on the use of commercial housing delivery are specified, but in reality the buyer and the seller on the commercial housing delivery legal conditions, the agreed terms, delivery process, there is a big controversy, the use of commercial housing delivery stage and disputes.In this paper, commercial housing sales contracts for delivery of commercial housing disputes, the basic theory, the delivery of commercial housing related legal issues, the main types of disputes and solutions are discussed, and further to the deficiency of the system are analyzed, and puts forward some improvement suggestions, hoping to help reduce and resolve the delivery of commercial housing disputes, to regulate the real estate market, protect the interests of property buyers, countermeasures against social risks.This paper is divided into four parts.The first part is the basic theory of delivery from the commercial housing, the legal sense of the contract for the sale of commercial housing, commercial housing delivery, delivery concept to the basic set, analyses of "interpretation" of the Supreme People’s Court on the law applicable to a number of commercial housing sale contract dispute cases about delivery of commercial housing provisions. Second part acceptance system from the commercial housing to start, comprehensive analysis of the relevant laws and regulations of commercial housing delivery, further analysis of the legal conditions, the delivery of commercial housing contract conditions and the relationship between the two, the analysis from the system level, defect review of China’s current commercial housing delivery system and shortcomings of existing, through the analysis of Shanghai, Chengdu, Tianjin, Harbin and other places used for the delivery of commercial housing management regulations and the discussion, pointed out that we should protect the interests of property buyers to view, "from the legal, strict agreement, heavy security" as the principle, requirement of commercial housing delivery should be through comprehensive acceptance conditions, and to submit a "trilogy card table" material, is the residential quality guarantee, residential use of brochures, construction engineering quality certificate, real estate development and construction projects completed comprehensive inspection qualification certificate and completed acceptance for table. The third part briefly analyzes the main types of the current commercial housing delivery process disputes, including six aspects of commercial housing delivery can not, delay in delivery, design changes, the difference of area, advertising inconsistent with the actual delivery, quality disputes, legal responsibility and civil within the scope of the constitution is discussed. The fourth part of our country the delivery of commercial housing dispute resolution system, starting from the perfect legal system, administrative supervision, social supervision system, establish a multi-level, three-dimensional system, focus on standardizing the delivery of commercial housing, the protection of the interests of the buyer.This paper argues and analyzes the following important point::improve legislation, clear the use of commercial housing delivery conditions, attention to management, regulate the commercial housing delivery process, clear commercial housing quality responsibility, the establishment of commercial housing information disclosure system, improve the commercial housing sales contracts model text, increase efforts to investigate and deal with illegal behavior and other aspects.