The Legal Issues And Suggestions For Pre-paid Of Commodity House System

Real estate industry belongs to the fund intensive industry, its business need huge capital support, mainland China in order to support the development of real estate industry, introduced the real estate mortgage system from Hong Kong. The pre-paid of commodity house system carried out for more than20years in China, indeed, It relieves the intense funds of mainland real estate market conditions, but also it raises all sorts of questions.This article through a typical pre-paid of commodity house case, discussing the legal problems of the system, and points out that the key problem of the system is to clear the advance notice registration system, the core problem is to strengthen the supervise the pre-paid fund Finally the author support the viewpoint that should retain this system, and in the center of protection the buyer’s rights and improving suggestions for the defects of the system.this article is divided into four chapters:The first chapter is to introduce and analysis and typical case primarily, drawing out some problems in the pre-paid of commodity house system, and the buyer’s rights in the system are infringed extremely easily.The second chapter is on the theory of pre-paid of commodity system, it introduced the legal research on this system of domestic scholar, summarizing the existing problems and putting forward personal point on the view of abolished the system or not.Chapter3is the focus of this paper, mainly discusses the six legal issues in view of the pre-paid of commodity house system. The six big problems are mortgage system problem, respectively mortgage registration system, open to booking of regulatory issues, supervise the pre-paid fund problem, ownership register problem, per-paid house sold again. The key of which is to establish the advance notice registration system and exchange the registration system, and the core of the system is to supervise the pre-paid fund.Chapter4is to propose some suggestions for system aimed at those problems.In the condition of our country we should perfect this system, and it should not be abolished. In legislation and the run of the system the principle is in the center of maintenance for protecting the rights and interests of the buyers, construct a healthy and orderly real estate market.