Research On The Supervisory Laws And Regulations Of Chinese Pre-sale Of Commercial Housing

With the fast national economic development of China, the living standard of Chinese people has been continuously improved. People are not only satisfied with the sufficient food and clothes and they are striving for the higher standard life. For the traditional Chinese, family weighs a lot and the house, as the foundation and vehicle of the family, is the first target that Chinese strive for after getting sufficient food and clothes. However, due to lack of relevant regulations on the future house sales at the preliminary stage, there is no limit on the violation against laws and regulations of the property developers, which has seriously damaged the rights and interest of the property buyers.As to the bad phenomenon in the Pre-sale of commercial housing, the central bank issued the 2004 Real Estate Finance Report on August 15,2005, which suggested to remove the current Pre-sale of commercial housing system and change the future house sale into the existing house sale. Nevertheless, looking back on the practices of Pre-sale of commercial housing in China for more than 10 years, it could be found that the Pre-sale of commercial housing system has certainly driven the economic growth in China to some extent, efficiently stimulated the real estate development and improved people’s life so that there are some people who insist on retaining the pre-sale system because they think the Pre-sale of commercial housing represents the diversified sale modes and it is the inevitable trend of the market economy development so that it is no good removing the system forcibly and moreover they are worried about that once the pre-sale system is removed, the housing price is stimulated to be higher largely that will damage the interest of the property buyers more seriously. In order to ease the public, the Ministry of Construction stated openly on August 24,2005 that recently the Pre-sale of commercial housing system would not be removed but it was sure that there were great defects in the current Pre-sale of commercial housing system so that it was a problem to be solved urgently to perfect the Pre-sale of commercial housing system.By looking through the globe, we can find that there are some successful examples on managing the future house sale system in the foreign countries and therefore, as one of the international common business sale forms, the Pre-sale of commercial housing system itself is feasible and there are some differences just for the different state situations. As a result, through looking back on the history of the Pre-sale of commercial housing system, this paper will demonstrate the foundation and validity of the Pre-sale of commercial housing system and analyze the problems existing in the current Chinese Pre-sale of commercial housing system. Finally, on the premise of taking into full consideration the status quo of the real estate development in China, people’s rigid demand for the house property and the requirement for the national economic growth, this paper will refer to the advanced measures of the future house sale in the foreign countries to put forward the following suggestions on reforming and perfecting the Pre-sale of commercial housing system in China from the point view of the legal supervision:firstly, perfect the relevant laws and regulations and the pre-sale market environment; secondly, establish the strict real estate market access and withdrawal system; thirdly, establish the Pre-sale of commercial housing capital supervision system; fourthly, establish the real estate enterprise credit system; fifthly, strengthen and perfect the Pre-sale of commercial housing information disclosure system.