China Timeshare Legal Regulation

Timeshare, as a new type of tourism, has the broad prospects for development in our country, drawing our country's economic development. But lack of legal regulation, there are many problems during its development. Violating consumers' legitimating rights and interests, gives timeshare a severe negative impacts. This article studying the elementary theory of the timeshare and the barriers that timeshare takes through the development in our country, analyzes the feasibility that our country introduces the timeshare. And planning the legislation suggesting from the legal regulations, promotes the healthy development of the timeshare.This article divides into three parts.The first party is the summary theory of the timeshare. First stating the concept and development process, as well as the development in our country, gives the overall impression to the readers and lays the foundation for later on.Then researching the type of the timeshare, focuses on two basic types__ownership and the right to use of the timeshare' legal nature and legal characteristics, and compares. Property ownership of the hotel, as a special form of the ownership of the timeshare, on the basis of its operation mode and existing problems, is compared with the right to use of the timeshare. Timeshare, as the intermediate products of hotel products and real estate products, is different from them on macroscopic and microscopic, thereby revealing the essence of timeshare.Party two is the feasibility analysis of the timeshare. On the first, elaborating the obstacles that the timeshare operates in our country: the fraudulent sales and forced sales; false promises and propaganda; laws and regulations lag behind; the credit system deficiencies; and the not clear industry attribution. These all hinder the healthy development of the timeshare. At the same time, our country has the domestic environment that developing timeshare needs: the mature tourism market; the surplus real estate market; the participation of large companies at home and abroad; the relatively improving legal environment. These favorable conditions provide an opportunity for the timeshare. But any new things are indispensable of the legal regulation, timeshare also needs legal regulation.Party three is the legal regulation to the timeshare. At the first place, introducing the legal regulation abroad, including Europe, USA, and other areas of Asia. Then pointing out the inspiration to our country, and showing the special nature and starting point of the legal regulation to timeshare in our country, thereby constructing the legislative mode. First, the timeshare legislation should be a basic law, formulated by the National People' Congress or its Standing Committee. Second, any legislation must clear its principal body and legal relations and this paper describes the basic legal relationship of timeshare. Third, the legal status of the timeshare must be clearly defined. Residential project or hotel project has different significance to developers and investors. To safeguard the interests of investors, timeshare is defined to resdential project. Forth, improving the existing substantive law regulates the timeshare. The existing substantive law includes: Property Rights Law; Contract Law; Consumer Protection Law. In the view of the properties of the laws above and the association between the timeshare and the laws above, revealing new legal system and legal measures in each of the law above, to safeguard the rights and interests of the investors and bound the acts of the developers. Fifth, the system regulation to the timeshare is an important content of the future legislative regulation. Timeshare including development, sales, exchange and management, is a complicated system. Relying on the existing legal regulation is not enough. From the operation of timeshare, designing different regulatory systems in the aspects of sales, exchange and management, to promote the healthy development of timeshare and provide reference base for the future special law of timeshare.