The Research On Chinese Legal System Of The Commercial Housing Pre-sale

As a form of commercial housing sale,the commercial housing pre-sale stillplays an inestimable role in the current real estate system. Because the legal relationinvolved by it is intricated,construction period is longer,destabilizing factors are moreand relevant laws and regulations,supervisory system are lacked,have increased themarket risk during that time,and has damaged the legitimate rights and interests ofselling each side,then endangered the healthy development of the market economy ofthe real estate seriously.However,no matter from the theory,or practice indicates,thesystem of housing pre-sale is not the origin of a lot of questions of market of realestate.The commercial housing pre-sale management system involves every aspect,itis not the simple question of keeping or cancelling,especially at the presentstage,Ministry of Construction has already issued a clear attitude,the commercialhousing pre-sale system will not be cancelled in the recent.So, the right way thatshould improve but not abolish the system of commercial housing pre-sale,onespecially legislating.This text launchs the origin and development status of China’s commercialhousing pre-sale system,and then probes into the general theory of the commercialhousing pre-sale system,summarize the main dispute of abolition controversy of thecommercial housing pre-sale system at the same time, again analyze the necessity of its existence,finally analyze the defect legislation situation,make the legislationproposal of commercial housing pre-sale system,mainly from the angle of protectingthe buyers’legitimate rights and interests,in the hope of being favorable to the healthyevelopment of commercial housing pre-sale market.The whole article has four parts.The first part introduces the general theory of the commercial housing pre-salesystem,that is, it describes concept and characteristic of the commercial housingpre-sale and carries on its origin and development,so that we can understand theessence intension of commercial housing pre-sale more deeply,and lay a solidfoundation for the next chapters.The second part presents the main dispute of abolition controversy of thecommercial housing pre-sale system.It is divided into two small parts again:Firstly, itrecommends that the main forms of real estate sales,including pre-sale andexisting-sale;Secondly,it introduces the abolition and reason of the commercialhousing pre-sale system,by comparative analysis.The third part makes a statement about the necessity of the commercial housingpre-sale system mainly from the theory and practical value.The fourth part discusses the following contents:In the first place, it points outthe legislative defect of the commercial housing pre-sale system,including the lackand imperfection of legislation;Then,it makes the legal suggestions of commercialhousing pre-sale system from some different views,mainly the buyer’protection oflegitimative rights and interests to offer legal suggestions of commercial housingpre-sale system,protect purchase each side’s rights and interests,reduce the disputes,sothat realize the healthy development sustainably of pre-sale market,and even the realestate market.