On The Protection Of The Interests Of Buyers Of Real Estate Under Market Economy Conditions

Nowadays, the new turn of strengthening macro control and regulation to the real estate industry has begun in our country. This article attempts to discuss the legislation and optimization of necessary system of commercial residential apartment market based on basic concept and the characteristic of commercial residential apartment home in our country, especially the focal point and the hot topic exposing during the process of apartment dealing. It analyses the economic value connotation of the commercial residential apartment, the relation between the commercial residential apartment and Law of People's Republic of China on Consumer Rights and Interests Protection (hereinafter called Consumer Rights and Interests Protection Law) as well as the success and failure of Contract Demonstration Text on Commercial Residential Apartment Business, Beijing (2005 edition). Also it gives us answer to the protection problem for apartment buyer's rights and interests based on the contents mentioned above as well as on the recognition, provision of laws and the practice operation way. The author hopes that this article can make some contributions to the enrichment of the legislation related to commercial residential apartment business, to guide the legal workers to protect the apartment homebuyer's rights and interests much better.This thesis is composed of five parts:Part One: preface. This part discusses the status and the characteristic of the development of commercial residential apartment market in our country, and explains the main content and direction of this article.Part Two: this part analyses the economic value connotation of the commercial residential apartment based on the basic concept of the commercial residential apartment under the market economy condition in our country. The aim of analyse is to affirm the importance of preselling of commercial residential apartment and to bring up the idea of focusing on legislation research of necessary right and interest of commercial residential apartment. The author analyses the economic value connotation of the commercial residential apartment, affirming the economic value of preselling of the commercial residential apartment and proposes that the preselling of apartment should be regulated under the laws. The producing process and causation, connotation and classification of necessary right and interest of commercial residential apartment as well as the importance in the value system of the apartment establish the idea of focusing on research of necessary right and interest of commercial residential apartment.Part Three: This part mainly discusses the applicability of Law of People's Republic of China on Consumer Rights and Interests Protection for commercial residential apartment and the conflicts rising with the Usage Explanation of Supreme People's Court for Commercial Residential Apartment Dealing Case (hereinafter called the Explanation). It includes two parts: 1. analyse how to correctly recognize the protection object and the extent of protection of Law of People's Republic of China on Consumer Rights and Interests Protection and how to distinguish different kinds of buyers. 2. Raise the question of the conflict between the Explanation and the Consumer Rights and Interests Protection Law from four aspects aiming at the problem of punitive compensation.Part Four: take the Contract Demonstration Text on commercial residential apartment Business, Beijing (2005 edition) as example, to do research of the development from the aspects of content and format of Trade Contract of Commercial Residential Apartment and appraise its progress and limitation one by one. Give legal advise on the revision of the contract.Part Five: Conclusion. Systematically conclude the main points mention in the article.