Research On Application Of Consumer's Rescission Right To Residential Commercial House Sale

"Consumer protecting law of the People's Republic of China"revised in 2013 was promulgated On March 15,2014.This law provides that consumers have the right of revocation.lt is highly important to promote the good faith in management and standardize trade order.But the Scope of its application is restricted to only goods bought by internet,television,telephone,mail order and other trading patterns.So,its application scope is too narrow.Residential buildings whose unit price is expensive play a important role in the trading market in China.However,the law did not bring residential building transaction under the protection of the right of revocation.In our country,carrying through the right of revocation in residential building field has been much debated.The past debate usually focused on whether right of rescission can be carried out in commercial housing area.Few discuss the question after classifying commodity house.Commercial housing can be divided into two categories according to different purpose.One is operating commercial housing based on the purpose of profit.and the other is commercial residential building based on the purpose of residence.The research object of this article is the constitution issue of revocation right in commercial residential building.Commercial residential building touches on some of the issues that are likely to be significant like marriage,pension,family register,education,medical treatment.Residential housing area is so special and important that it can be an exception to the special trade form.The author agrees with limiting the scope of application,and objects to expanding application range of the right without limit.The paper advocates to put commercial residential building into the application range of the right.The article is divided into four main parts:In the first part probes if residential housing buyers are consumers from different perspectives.It should be clear that commodity house buyers are consumers.The second part expounds the necessity for bring residential building transaction under the protection of the right of revocation and explain why the right of revocation is needed from theoretical principle and the practical basis.The third part discusses the possible problems if the right system is put into force such as Legislative obstacles,applicable term and methods,market speculation,and enforcement guarantee.The fourth part puts forward some suggestions for the problems,including the legislative breakthrough,setting reasonable term and methods,setting compensation,guarantee measures.