Legal Regulation Of Developers’ Information Disclosure In The Real Estate Presale System

Originating from Hong Kong, the presale system has greatly improved Chinese real estate industry. However, with the development of economy, the developers spare no efforts using it’s information advantage to infringement consumer’s rights through no presale permission, concealing defects of rights, false advertisement and fake sample house. Though the law in force gives consumer some protection, it has many defects. First, more administrative power than the civil power, what’s more, the administrative power isn’t strong enough to regulate the behavior of real estate developers, last but not the least, the fault liability also has shortcomings: excluding the fault condition, which improved the level of committing a crime, then there is no standard to judge the important facts. In daily judgment, it is the judge power to judge what is important facts, this may cause different results. The author of this article hold the opinion that all the problems caused by the unbalanced information between consumers and develops. It is the unbalance that makes the developer possible to infringement consumer’s rights, and the defects of the law in force makes the situation worse and worse. To solve this problem, the author suggest to establish developer information disclosure system. Using this system, we can easily solve the kind of problem. Though America Pessale Instructions, Six Regulations and Corporation Law, we can find how to disclosure information. On these foundations, we suggest establish our own information disclosure system. Learn from these foundations, we build our developers’ reputation system and presale instructions, two parts constitute our developer’s information disclosure system. At last, the author divided the violating information disclosure acts into two parts. The first on is fraud, the second one is concealing the important faces. For the two actions, the author suggest to use different legal regulations. For the first one, the author suggest to use punitive compensation, for the second one, the author suggest to modify the forty-two article of contract law, deleting the word intention. All the author want is to protect the consumers, hoping its advice could make some change.This article consist of five parts, follow the logical of raise the question, what is the question, why to solve this question, how to solve this question.The first part is instruction. In this part we ask the problem, though introducing the background of presale system, the government’s attitude and the defects of the law in force to suggest find a new solution to solve these problems.The second part is what is real estate presale system and developer’s information disclosure. This part introduce what is presale system, information disclosure system and the relation between them. This is the basic part of the article, it laid a solid foundation for the rest part of this essay.The third part is answer the question,why establish the developer’s information disclosure system can solve these problem. Though the theory of law and the practical ways to emphasize the necessities of developer information disclosure.The fourth part is how to solve this problem. By comparing with the U.K, the U.S.A, France and German, we found different countries have different methods of developers’ information disclosure, but all the have is common is they have not bulid the complete information disclosure system. China has no regulations about developers’ information disclosure, we should learn from others.The fifth part, how to solve this problem. Though America Pessale Instructions, Six Regulations and Corporation Law, we can find how to disclosure information. On these foundations, we suggest establish our own information disclosure system. Learn from these foundations, we build our developers’ reputation system and presale instructions, two parts constitute our developer’s information disclosure system. At last, the author divided the violating information disclosure acts into two parts. The first on is fraud, the second one is concealing the important faces. For the two actions, the author suggest to use different legal regulations. For the first one, the author suggest to use punitive compensation, for the second one, the author suggest to modify the forty-two article of contract law, deleting the word intention.