| With the transition of China's economic structure, our housing system has been gradually reformed, individual purchase of houses increases in proportion and the real estate industry grows vigorously. As an economic activity, real estate advertising is an important mode of information dissemination, and plays the role of adding fuel to the flames in real estate marketing. However in the real estate advertising market there are also many unfair competitions because of the diseased legal structure in this field. These improper advertising conducts have not only violated house-buyer's legitimate rights and interests, also have done harm to the other competitor's legal advantage. What's more, they affect the healthy development of real estate industry and have restricted the socialist market economy construction reform. In order to maintain the order of real estate market and protect the buyers' legitimate rights and interests, we should improve the laws and regulations so that the real estate advertising will carry the correct housing information and overcome the information asymmetry in word and deed.This thesis is divided into three parts, the major elements are as follows:The first part is the general view of real estate advertising. This part introduces the conception and the developing history of real estate advertising, its great social influence and its different role from other advertisements. It aims to set up a theoretical basis for the whole thesis. As an economic activity related with imperfect market, the advertisement has the huge influence in the real estate market. In this market the information asymmetry will cause the "market failure", which not only violates consumer's right, but does harm to the real estate industry's sound development. In order to promote the real estate business and protect the welfare and efficiency of the consumers and even the entire society, we in deed need to add law rules and regulations such kind of external force to change the profit model of real estate business,The second part carries on the in-depth analysis of the existing problems of the real estate advertisement and the insufficiency of present law.Primary, this part, through the introduction of the real estate advertising satisfaction investigation held by Chinese Consumer Association, reveals the chaotic actuality of today's real estate advertising market. The main questions existing in the real estate advertisement are: First, false advertisement. The advertising issuers aim at tempting more people to purchase their property, but always failing to keep their promise. Therefore, these false advertisements cause numerous disputes. Second, comparative advertisements. Comparative advertisement is widespread utilized in the real estate publicity. However, the developers abuse the comparative advertisement to carry on the false advertising, which is easier to mislead the buyer and result in unfair competition. Third, recessive advertisement. This kind of advertisements, such as advertisements on BBS or blog, are hard to distinguish, and its false, misleading and the hazardous nature are difficult to grasp.Secondly, this part analyzes the insufficiency of existing real estate advertising law. First, the legislation defect. The legislative flaw firstly displays in the point that the legislative style is too much scattered. Next is difficult for traditional contract law theory to provide legal remedies to the consumer's rights and interests. This theory holds that the majority of advertisements are Invitations to Offer, which do not have the binding force on the advertisement host, so that makes the advertising disputes a nasty problem. Second, it introduces the shortage of real estate advertising legal liability. For example, the responsibility of breach of contract that could be used as a legal remedy mean just in a required range. Third, it analyzes the week part of real estate advertisement supervision system. The absence of realty market information disclosure system and the lock of self-discipline of this industry, as well as the weakness of social supervision, all together provide a broad space for the improper real estate advertisement to exist.The third part discusses the construction of the real estate advertisement's law system. This part is the key content of full thesis.Firstly, it points out that the real estate advertising should be regulated by the perfection of relative legislation. It takes an intensive legislation method and modifies the Advertising Law to enlarge the objects of legal regulation, redefine the standards of misleading advertising and comparative advertising. Besides, it establishes the rules of invitation to offer. If the developers fail to fulfill their promise claimed in the advertisements, they will be charged for the liability for breach of contract. Furthermore, it dedicates to protect the audience's interests and rights by extending the protection scope of Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and making sure that the advertising issuer should take on his least obligation.Secondly, it sets up a legal liability system for the real estate advertising. According to analyze these issues such as the legal nature of the real estate advertising, the liability for breach of contract, and so on, it dedicates to build a comparatively perfect liability system to improve the developers' cost for their illegal activities. Therefore the developers will be forced to behave honestly in issuing relative advertisements.Thirdly, it strengthens the supervision system of real estate advertising. On the base of the traditional supervision model, it advocates to establish an executive-oriented supervision system that is a comprehensive and multi-level supervision system. By way of institutional construction, the efficiency of executive supervision is greatly improved. And by perfecting the information disclosure system, an effective information platform is formed. Then, it advises to improve the associations' ability and relative regulations construction. Finally, it deals with the construction of the social supervision system in the perspective of the consumers and the media.Through the analysis of country's real estate advertisement and the insufficiency of relative law, the thesis puts forward some proposals and opinions to the construction of real estate advertisement legal framework. It is hoped that these discussions could provide some mentalities for our country's real estate advertisement law and rules, strengthens the protection of house purchasers, maintains the real estate advertisement market order, accelerate real estate industry and the related industry healthy development. |
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