Improve The Protection Of The Rights Of Commodity House Legislation

Pre-seal of commerical buildings is a transaction with much capital, long cycle and big risk, concerning many legal relations and is easy to arouse disputes. Though equal as the two sides of the pre-seal contract, there exists great disparity between pre-seller and pre-buyer in terms of transaction information and economic power. Therefore the pre-buyer is in disadvantage and volunerable to injury from the pre-seller. In practice, the rights of the pre-buyers are injured again and again, which expresses the system to procct the pre-buyers is fragil in force and the inequality between the pre-buyers and the pre-sellers. It also exposes the questions in legislation: the registration of pre-seal of commerical buildings is not the condition for its coming into effect, the stipulation of the contempory law is weak in the supervision to the pre-seal of commerical buildings ,which leads to the confusion in supervision ;the absence of compulsive notarization makes the process of transaction unguaranteed; that the contempory law holds an equivocal attitude to the pre-buyers as customers results in weak remend to the rights of pre-buyers. According to the legal principle that law protect the weak, the righe of pre-buyers should attract more attention. I think to the many questions existing in the pre-seal of commerical buildings, besides enforcing the law and administrating justice, we should make improvement in legislation , make a explicit and uniform foundation in legislation and judicature and create a perfect legal circumstance, balance the bearing of risk between the pre-buyers and the pre-sellers to maintain the interests of the pre-buyers. Additional to the preface, this thesis is composed of three sections.The first section is about the general theory of pre-seal ofcommerical buildings. After analysizing its ieatures, I point out thatalthough the contract of pre-seal of commerical buildings has thefeatures of processing work contract, it is actually a selling contract. Itdecides that the right of the pre-buyers over the pre-sellers is the right toask pertition. He has obligatory right not real right to the buildings. Therefore, to protect the rights of pre-buyers in legislation, we must consider the particular legal nature of the expective right that the pre-buyers have to the pre-sellers. We must the proctective way of both real right and obligatory right to attain a excellent effect. Then I conclude the forms in which the rights of the pre-buyers are injured in practice and analysis the shortcomings of legislation to make a logic prehead for my illustration of perfection in legislation.The second section is about the perfection of legislation in preventing disputes in pre-seal of commerical buildings. I put forward three ways : the first is to affirm effective system of collecting capital and supervising. After my research on the contemporary condition of capital collecting, supervising and local treaty, I put my emphasis on the portraits of the supervising relations of pre-collected capital, theoretical opinions and some advantages and disadvantages of the supervising objects(governmental agency, commerical banks, supervising committee of collected capital and social medium organizations )in practice. My conclusion is that the supervision of social medium organization is the certain choice. On this basis I point out that the subjects of supervisor should vary and many social medium organizations can be the subjects. But at present the notary organization has its advantage. The second is that to improve the registration of commerical buildings advertising of the contemporary records. It concludes three parts: the registration system of the contemporary legislation and my remarks; history, nature, and validity of this system; how to improve the registration system to make the rights into sysetmization. The third is about how to set up notary system. Different transactions have different demands on safety and effevtiveness. In the pre-seal of commerical buildings, the demand of safety is most important and the importance and necessity of setting up notary system are evident. I study on the general act to notarize first and then regisate in international affairs and the practical experience in china and put forward my preliminary thinking.The third section is about the legislation perfection on the remedial measures after the rights are violated. My opinion is based on the facts that stipulation of the pre-buyer's identity as customers in contempory law is not clear and legal remedy is not enough. I first analysis the value attitude of Consumer Proctivion Act and discuss the status of consumers. At the same time since the core of exercising this act is to punish ,1 think there exists deceive in the pre-seal of commerical buildings and shoule applicate double compensation and I affirm the difference in elements with general commodity.Finally ,1 make a reference on the successful experience of local treaty and put forward my legislation suggestion that transaction of commerical buildings should also abide by the Consumer Proctivion Act.