The Dispute Settlement System Of Commercial Housing Quality Improved

Along with housing commercialization carrying out in our country, most urban residents purchasing the commodity housing is the main way for them to live in. This thesis tries to analyze the disputes of housing qualities, the solutions to housing disputes in China and foreign countries, the perfection of solutions to housing disputes in China, and then put forward a few suggestions to the perfection of solutions.The first part defines the disputes of commodity housing qualities and analyzes the reasons and classifications of disputes. Firstly, to define the disputes of commodity housing qualities can make clear the definition and subjects of liabilities of housing disputes. The shining points of this thesis are as follows:according to the disputes emerging time, classify the disputes; subjects of liabilities are magnified to property companies, proprietors or users and facilities and equipment installers. Secondly, to analyze the reasons and classifications of the housing disputes, problems can be known as resting with real estate developers or design units, construction units and supervision units, property companies in maintaining, and proprietors or users in decoration. Defining property companies, the buyers and decoration workers as the subjects of liabilities lays the foundation of perfection of disputes-solving system in China in the latter part of this thesis.The second part analyzes the similarities and differences in China and foreign countries in disputes-solving in order to draw on the experiences. Firstly, by analyzing the different solutions in France, UK, USA, and Japan, it can be known the differences come from the economy, politics and culture among countries. France carries out compulsory legal norms and insurance system in real estate market development, laying the foundation of risk diversification in the disputes-solving system. UK rely on non-profit organization-NHBC setting up the quality supervision and dispute settlement system. Commercial housing quality guarantee system in USA is carried out by multiple profitable non-governmental organizations. Japan mainly relies on the laws to guarantee the housing qualities and solve the disputes. Secondly, by analyzing the disputes-solving system of our country, the problems in present laws can be made clear. For instance, Urban Real Estate Development Management Regulations have the general principles for real estate developers, supervision units, subjects of liabilities and liability form of disputes. Some Provisions of the Supreme People's Court on Commodity Housing Contract Disputes has the relevant regulations on the quality-disputes-solving of the contracts, but no such regulations after commercial housing delivery.The third part mainly discuss the perfection of quality disputes solving system in our country, in two aspects as perfection of main structure quality-disputes-solving system and commercial housing household accessories quality dispute solution system.Firstly, discuss the perfection of main structure quality-disputes-solving system and perfection of compulsory liability insurance system. To establish the autonomy and heteronomy discipline system can help the real estate developers, builders and supervision units lower, reduce and shun from joint responsibility risks in order to overcome the risk in the rent seeking game. The distinctive points of the essay are compulsory insurance system of main structure of commodity housing and the diversification of liabilities forms.Secondly, discuss the perfection of commercial housing household accessories quality dispute solution system and the perfection of commercial housing attachment operator quality liability system. To establish the mutual thinking in disputes-solving of housing household accessories quality can encourage the proprietors shoulder the responsibilities of accessories and equipment-maintaining voluntarily and then prevent and avoid the disputes, which is the special point.Thirdly, the perfection of shared facilities quality dispute solution system includes the perfection of property companies maintaining the shared facilities and the perfection of operators'responsibilities. The perfection of property companies includes the fund-using system, joint-responsibilities and double-compensation system, and compulsory liability insurance system.