On The Perfecting Of System For The Preselling Of Commercial Housing

System for the preselling of commercial housing, commonly known as "buy forward delivery housing,real estate development companies will be under construction in commercial housing pre-sale to consumersby the buyers to pay a deposit or the real purchasing price. estate industry is a pillar industry of China’snational economy, the healthy development of the real estate industry has an important impact on thenational economy. Protect citizens’ private property is consistent with our legal purpose, namely theprotection of the right of residence of citizens, to protect the basic human rights of the citizens. The systemof China’s real estate sale begins with the introduction in1994, the People’s Republic of China on UrbanReal Estate Administration Law, the purpose is to reduce capital threshold for real estate development andsales. In order to strengthen the norms and legal management of the operating activities of the real estatesale, the Standing Committee of the National People’s Congress announced "the People’s Republic of Chinaon Urban Real Estate Administration Law, the State Council issued the Regulations on the Administrationof the urban real estate development and management, the Ministry of Construction issued a" city realestate sale management approach ", initially established a real estate sale in the legal system of our country.The state of the real estate market in particular commodity housing market norms and managementhas not been relaxed, however, the pre-sale system in the implementation of these decades, China’s realestate market prosperity and development played a positive role, but also generate a lot of problems. Ibelieve that these problems is not in the pre-sale, but is currently China’s laws and regulations are not soundreasonable, strict regulation, there is no real estate enterprises, no purchaser shall be the establishment of aspecial protection mechanism that vulnerable groups, information disclosure system is not sound assetmanagement is not in place should be the key to solve this phenomenon. This article refer to the number offoreign practices real estate market development under the current economic conditions, combined withChina’s national conditions, and discusses the advantages and disadvantages of the real estate sale atanalysis of its causes and effects, and some insight.This article includes the following four parts:The first part of the theory of the real estate sale. This section describes the basic meaning, the nature of the real estate sale, as well as the implementation of conditions.The second part is the reference of foreign real estate sale. Introduces the development and status ofthe pre-sale system in the United States, Japan and Germany, to sum up their experience, to find our placecan be a draw.The third part of the problems and shortcomings of the system of China’s real estate sale. Thedepartment elaborate pre-sale system in the origin and the development of the situation in Hong Kong,mainland China, specifically to analyze the problems of the local reality, and pointed out the flaws in someof the institutional and legal development in mainland China real estate sale.The fourth part of recommendations to improve the system of China’s real estate sale. Specific marketaccess and exit mechanism for the supervision of the sales fund, Yu Gouren protection, open networkinformation inquiry system, as well as punitive damages mechanisms references recommend these on thebasis of recommendations to improve the system of China’s real estate sale.