The Ascertainment Of Fraudulence In Commercial Houses Transaction

In recent years, our country’s real estate industry has got a rapid development. Itmakes a great contribution to national economy, but there are lots of fraudulence togenerate as the commercial houses transaction more and more often. That fraudulencenot only has shortcomings in legislation, but also comes out lots of difficult toascertain in judicial practice, which infringes on the rights of home-buyers andhinders the healthy and orderly development of the market. In this thesis, it focuses onthe current legislation, judicial practice and extraterritorial experience as a startingpoint, and then puts forward the corresponding views and solutions to ascertain thefraudulence in commercial houses transaction.Excepting introduction, there are four parts in this thesis. The first part, it is basictheory about commercial houses transaction. It begins from the definition ofcommercial houses and transaction, then fatherly puts out the concept of commercialhouses transaction, and makes a distinction in the types of fraudulence. This basictheory is the premise to discuss this whole thesis. The second part, it focuses on thecurrent situation of legislation and shortcomings of fraudulence in commercial housestransaction. Meanwhile, it analyzes the existence of identified confusion in juridicalpractice. This is the core and significance of this article. The third part, it examineslegislative experience and the view of judicial practice about the fraudulence in themajor common law and civil law countries. This legislative experience and the viewof judicial practice make a preparation for the next part. The fourth part, it is veryimportant for the whole thesis. It combines the current legislative, judicial practiceand extraterritorial experience to propose an advice, which is that it, should put theformal requirements and substantial requirements together and should consider somespecial issues, when ascertains the fraudulence in commercial houses transaction. In aword, it should have a rational choice.It has a certain regulation on fraudulence in the legislation and judicial practice,but there are still many problems which need further study to enhance operability. It isthe best ideas to learn extraterritorial experience and improve relevant legislation anda variety of identification methods to solve the problem of fraudulence in commercialhouses transaction. The starting point of this thesis is closely focusing on thelegislation and judicial practice to solve practical problems. Therefore, this thesis isnot conducted in-depth theoretical analysis. It only bases on the relevant casedescription and analysis to put forward some questions and methods.