Perfection On Pre-sale Of Commercial Housing Administrative Supervision

The pre-sale of commercial housing is a legal act by which the real estate enterprises pre-sale the house under construction and delivers to the buyers on a determined future day and the buyers prepays an amount of deposit or purchase price. China’s commercial housing pre-sale administrative supervision refers to the administrative main body who have the power of pre-sale commercial housing administrative supervision, according to the relevant legal provisions, using the power to limit rights of developers, including examination and approval, registration, dynamic supervision, accountability and other forms. Compared with the general sales, the sale of commercial housing owns characteristics of more complex legal relationship, the transaction cycle is longer, the market risk is higher, and as it relates to public interests and national economic security, social stability, it is necessary to state intervention. Therefore, China’s commercial housing pre-sale administrative supervision to protect the vulnerable buyers legitimate civil rights and interests, the reliance interest and the functions of promoting the process of the rule of law in China real estate. The pre-sale of real estate administrative intervention, appropriate to strengthen management, has its necessity and the feasibility. At the same time, the administrative supervision cannot be so much intervention as to affect market self-regulation ability, which cannot be healthy development. Thus, for administrative organs, under the premise of avoiding excessive stem from the pre-sale of commercial housing market, how to keep a good relationship between government and market and play the appropriate regulatory effect, that is a valuable problem to be solved in the real estate industry, which is in the process of rule of law.This paper studies the related theory of pre-sale commercial housing administrative regulation, analysis of China’s commercial housing pre-sale situation, summarized our country existing problems, and puts forward some suggestions on China’s commercial housing pre-sale administrative supervision. Through discussing there are issues existed: legal effect level of legal provisions of commercial housing pre-sale administrative supervision are lower; the pre-sale of commercial housing administration supervision system is unreasonable and related institutional defects; comparing with commercial housing pre-sale system of the United States, HK, South Korea, Japan and other foreign areas, system of our country reads the lack of information disclosure system and risk sharing system; at the same time, the pre-sale of commercial housing the current financial supervision system is not perfect. As for these problems, this paper suggests increasing provisions of the commercial housing pre-sale administrative supervision system in the laws or administrative regulations; setting up the reunification of our country’s commercial housing pre-sale administrative supervision mechanism; perfecting a complete system of our country commodity housing sale of administrative supervision, specifically, the establishment of commercial housing pre-sale information disclosure system, the pre-sale of commercial housing insurance system, perfecting the financial regulatory system. The conclusions above help to fill legislative blank of our pre-sale commercial housing administrative supervision, improve the legal effect level of the relevant provisions of the pre-sale of commercial housing administrative supervision, which in order to form a complete system, more easily to operate in practice. Through the research on China’s commercial housing pre-sale regulatory problems, hoping to be helpful for promoting China’s commercial housing pre-sale market legalization, and to accelerate the process of legalization of China’s real estate industry, make the administrative intervention in the ideal role play.