Commercial Housing Quality Problems Of Legal Research

The commercial housing is the place for people to live in and be engaged in various activities, and is one kind of property which people can use for ever. The quality of a commercial housing have relation to not only its service life and value, but also the people's safety of life and property, and the stability and development of the society. In the last few years, the realty business has developed rapidly, thereby, the quality problems of commercial housing often happen, and show new characters. So, it is necessary to pay close attention to the quality of commercial housing and research the quality mishaps and defects of commercial housing.The construction activities of commercial housing have the inherent laws, only met certain requirements, construction quality of project shall be ensured. Analyse the construction unit and construction activity only, these conditions include three respects, namely, the construction enterprise has corresponding qualification grades, the design document shall conform to provisions of relevant laws, administrative rules and regulations, the State quality standards and the contractual specifications, the construction unit shall carry out construction in accordance with the technical standards for construction of the project and the design documents. As to this, relevant laws and administrative rules and regulations have specified. However, in the course of construction actually, these regulations are not be implement, it is very common that the unit not qualified undertakes the project, Because the design document with defects affect the quality of commercial housing, and the construction enterprise commits acts in disregard of the design drawing or construction technical standards, so the quality problem of commercial housing happens again and again. This is because some systems for construction of commercial housing have serious defect, these system defects are origin causing the quality problems of commercial housing. Because of defects of the system for qualification examination and invitation or submission of tenders, some units not qualified enter the construction field of commercial housing, thus causing a large number of project quality problems; Defects of the examination system for designdocument make the drawing with quality problems as the basis of construction, thus burying the hidden danger of project quality; Defects of the system for construction supervision cause construction supervision units fail to tighten supervision over and administration of construction activities, thus creating conditions for construction units to commit acts; Basic most, defects of the system for contract management make quality problems of commercial housing not be prohibit for ever.So, standardizing the construction market of commercial housing and preventing the quality illegal activities of commercial housing, first, setting up the preventing mechanism with long result, preventing the quality problems of commercial housing from system. Including: Perfecting the system for qualification examination, raising the threshold of construction market, making strong unit enter construction field of commercial housing really, thus guarantee the construction quality of commercial housing; Pursuing and perfecting the construction quality compulsory insurance system, the construction quality guarantee system and the whole bidding work notary system, introducing the third party mechanism, strengthening supervision and restraint over each side participating in the construction of commercial housing, making it observe relevant laws, administrative rules and regulations, the State quality standards and the contractual specifications, in order to improve the construction quality of commercial housing, preventing the quality problems of the project happen :Second, perfecting the construction quality liability system , attacking the project quality illegal activities of commercial housing . The quality liability of commercial housing includes civil liability, administrative liability and criminal liability, responsibility subject includes the project owner, the surveying and designing unit, the construction unit and the construction supervision unit. Relevant laws and regulations of our country have confirmed the more complete project quality liability system, this play the positive role in preventing the quality problem of commercial housing. However, some regulations need perfecting: The contract responsibility of the designing unit should cancel the precondition with higher standard, only in this way, the behavior of the designing unit could be standardized more effectively, the designer would beimpelled to improve quality-mind, the project quality problems caused by the drawing with quality problems may be prevented; To the quality damage liability of commercial housing, the law should stipulate the joint and several liability for the responsibility subjects clearly, in order to strengthen the quality-mind and sense of duty of responsibility subjects and fully protect the victim's legal rights and interests, in addition, in order to investigate for the legal liability of the relevant responsibility subject, the law should stipulate the principle of strict liability.As the owner and user of commercial housing, Buyer's interests are closely related to the quality of commercial housing, ts finally of commodity apartment, the purpose of studying reason and precautions system of the quality problem of commercial housing is to protect buyer's legal rights and interests better. This text thinks, in order to protect the legal rights and interests of the buyer of commodity apartment effectively, first of all, the project owner should be regarded as the first person responsible, and be responsible for the quality of commercial housing; Second, revising " System of Commercial Housing Applying the House Certificate of Guarantee and the House Instructions " as soon as possible, in order to make the minimum period of warranty of quality of commercial housing to accords with the minimum period of warranty of the construction unit in the " Management Rule of the Construction Quality ". Meanwhile, some minimum period of warranty used now, which does not accords with the objective reality, should be lengthen properly too; Third, when the main structure of commercial housing is off quality, buyer has the right to check out the house, and when the quality problem of the un-main structure of commercial housing through twice repaired still affect live and use normally, buyer has the right to check out. Fourth, set up and perfect such related systems as the administrative guaranty bond of the quality of commercial housing and comprehensive insurance of the quality liability of commercial housing.