Protection Of Commercial Residential Building Consumers’ Rights And Interests In China

In recent years, with the deepening of housing system reform and the rapid development of real estate, commercial residential building consumers holds an important position in the market economy. In the process of purchase of commercial residential building, consumers’ rights and interests entitled by law can be timely and effectively protected, not only has related to the protection of consumers’ basic right to life, but also has become important prerequisite and critical condition for real estate market’s sustained and healthy development, therefore, the strengthening the efforts in protecting the legitimate rights and interests of commercial residential building consumers is very important and significant. However, in the process of buying commercial residential building, consumers often come across some problems, such as false advertising of commercial residential building, major facts hided by real estate developers, the late delivery of commercial residential building, false commercial residential building area, the substandard quality of commercial residential building, difficult to get housing ownership certificates and so on.Legitimate rights and interests of consumers are often violated by unscrupulous developers and difficult to get timely and effective legal protection or right to relief. There are many factors causing damage to the rights and interests of commercial residential building consumers. Commercial residential building consumers in a weak position, unsound legal system for protection of commercial residential building consumers’ rights and interests and weak supervision of real estate are main reasons for damage to commercial residential building consumers’ rights and interests. To regulate China’s real estate market order and strengthen the protection of commercial residential building consumers’ rights and interests, we must start from the improvement of the following four aspects, legislative system, judicial system, administrative control system, social supervision system; in order to establish a multi-level, three-dimensional protection system. Improvement of the legislative system including improving the existing legal documents, eliminating policies from different departments two aspects; Improvement of the judicial system including using "the Protection of Consumers’ Rights and Interests" dealing with commercial disputes, establishing consumer class action, increasing an additional " commercial residential building consumers’ rights and interests arbitral tribunal" three aspects; Improvement of the administrative control system for real estate including improving the market access system, improving real estate notice registration system, improving the system of real estate ads pre-review, establishing information disclosure system against real estate developer, and improving the warranty insurance system for the construction quality five aspects; The improvement of the social supervision system mainly refers to perfect the functions the Consumer Association and establish social credit system to prevent and reduce the violations to commercial residential building consumers’ rights and interests.