The Research On The Problem Of Applicable Law For The Commercial Housing Sales Contracts Disputes

The method of case analysis and comparison analysis is mainly adopted in thispaper, from the perspective of theory and reality, under the circumstance of marketeconomy, to explain the legal norm that concerns to the commercial housing salescontracts, among legislation, actual application and the related theory and doctrinewhich need solving during the process of the actual application, then to put forwardthe relevant insights and handling methods of the applicable law on the aspects ofloan housing and called commercial housing sales trading is private lending in ourcountry’s commercial housing sales contracts disputes.Besides preface and introduction, there are three parts:The first chapter is the basic theoretical problems of commercial housingcontracts. That is to introduce the concept of commercial housing sales contracts, theprinciple and characteristics of dealing its disputes and the basic principle that shouldabide by in the course of handling disputes, as well as the properties which thecontract itself should have.The second chapter is the puzzling problems of commercial housing salescontracts disputes in our country. At first, the author introduces the general situationof commercial housing sales contract disputes, and the overall status quo of this fieldat present stage in our country, also lists the common problems of law enforcementdivision in practice, then makes analysis on these puzzling disputes and problemsabout how to deal with them, in the meanwhile, makes detailed list and analysis of theproblems which are disputed distinctively emphasizing on the aspect of applicablelaw of commercial housing sales disputes in our country, and makes list, analysis, lawapplication and technical treatment in judicial practice for the existing puzzlementand treatment of loans housing, which paid much attention by society, and thecommon and hot problems of private lending instead of commercial housing sales inthe field of real estate, so that to ensure the justice and equity of law enforcement, andthis part is also the innovative point of this article. The third chapter is the problems and improvement of the legislation ofcommercial housing sales contracts disputes. At first, the author introduces thecurrent legislative situation of commercial housing sale contracts, and then makesanalysis and demonstration of the existing problems and how to improve it, therefore,puts forward the legislative suggestions and the assumptions in the process ofapplying law.The new insights of the author: first, suggest to formulate Contract Law of ThePeople’s Republic of China in The Sale of Commercial Housing, and makesregulations on each link of commercial housing sales on legislation, such as theevaluation of the building quality standard, the hierarchy to improve the quality ofhousing and so on. Second, suggest to establish the specialized real estate qualitysupervision bureau in prefecture level. In view of the bottleneck period of real estateenterprises in the current social development, so it should set up the specialadministrative supervision department to solve the crisis as well as to promote thecommercial housing sales market into mature and orderly orbit. Third, build thesystem of real estate credit funds, while get the license for advance sale, have to pay30%of the credit funds of the development projects, in order to maintain smoothoperation of the market, and also make social relief on these victims who are loss inthe commercial housing market without compensation.