The Perfection Of The Legal System On The Real Estate Sale In China

Since the pre-sale of commercial housing operates in China, it has become the main wayof our country commercial housing sales in twenty years, which solves the problem offinancing for real estate enterprises in China, a part of the solution the housing problempeople need, increase the banks and credit institutions lending income, active in China the realestate market, effectively promoted the development of the national economy. However,because of the commercial housing pre-sale system is not perfect, resulting in falseadvertising sales of commercial housing, commercial housing subscription book with fuzzyqualitative, these problems have seriously damaged the commercial housing pre-buyer andbanks and credit institutions of the legitimate rights and interests, to the healthy developmentof China’s real estate industry has formed a serious threat, therefore, research, solve thepre-sale of commercial housing problems and further improve our commercial housingpre-sale legal system has an important significance to the development of China’s real estatemarket.To improve the commercial housing pre-sale legal system needs to work together topromote all aspects of exploration, not only to do the support of theory and Practice on the topfloor, but also do a good job in the design of the system. The perfect of the commercialhousing pre-sale legal system needs further efforts. In this paper, through the research on thestatus quo of China’s commercial housing pre-sale legal system, the problems existing inChina’s commercial housing pre-sale real estate development enterprises supervision, pre-saleof commercial housing advertising characterization is not clear, the legal nature ofcommercial housing for the contract fuzzy, commercial housing presale capital supervision,commercial housing mortgage system is not perfect, analyzing the concept and legalcharacteristics of the pre-sale of commercial housing, and the commercial housing pre-salesystem develops in china, at the same time, France, Japan, from America and China’s HongKong and Taiwan areas of relevant experience, culminating in the real estate developmentstrict enterprise management system, perfect the presale capital regulatory system, theestablishment of commercial housing pre-sale risk sharing mechanism and perfecting Chinadoes not move the feasibility of the proposed property mortgage system in five aspects,hop ing to be he lp ful to impro ve le ga l s yste m o f co mme rc ia l ho us ing pre-sale.