Research On Consumer Rights And Interests Protection Of Commercial Housing

Chinese housing system has experienced the development of national and collective distribution system to the commercial housing market. Housing transactions play a decisive role in the market economy, and the consumers also pay increasing attention to their legitimate rights and interests in the commercial housing consumption. As we all known, Information economy is highly developed and the field of the commercial housing exchange is wide and professional in our modern society. However, There is a wide difference in the comprehensive strength in all aspects and the acquisition of information between the consumers and developers. Meanwhile, the two is not only opposite, but also independent in the market economy. Many developers often make lots of problems such as publication of false advertising, exaggerated propaganda, concealing material facts and so on in their publicity. As a result, the consumers’ legitimate rights and interests can not be guaranteed. The present legal system appears hysteretic phenomenon because it can’t keep up with the speed of the real estate market development. Therefore, it’s more difficult for the commercial apartment consumer to fight for the rights and the interests to protection by law when their rights are violated.Based on the analysis of the meaning, characteristics, and significance and the current situation of the protection of the consumers’ rights and interests, we realized that the main states of the consumers is not so clear in Consumer Protection Act, the consumers lack the right of rescission, the level of legislation of the commercial housing consumers is low, the system of the commercial property is not sound, and scope of the punitive damages is too narrow and so on. At the same time, I’ll provide specific advice for these problems in this paper. Therefore, I suggest perfecting the Consumer Protection Act, improving the level of legislation, expanding the scope of the punitive damages, building arbitration tribunal for commercial housing consumers’ rights and interests and establishing the system of warranty of quality to protect the consumers’ rights and interest from abusing. All these measures can not only cut loss of the consumers but also promote the healthy of the real estate market of our country.