Research On The Pre-sale Of Commercial Housing

In the development of social economy,commercial housing as a special subject matter has been standardized and guide more and more in the trading behavior,we will be divide the sale of the real estate into the ready house and the presale commercial housing,based on the nature and properties of the object and the time of the commercial housing relations.The sale of commercial housing in the sale of housing which occupies a huge proportion of.Therefore,in giving full play to the supply and demand relationship of the socialist market economy,combined with the national government's macro regulation and control,through effective laws and regulations,the accurate and efficient implementation of the pre-sale system of commercial housing is very critical.Based on the study of some problems in the pre-sale system of commercial housing,the author makes a detailed analysis and cognizance of the important legal concepts in the pre-sale stage of commercial housing,including legal act,legal effect,legal relationship and the concept of confusion.The article is divided into five parts,the first part is the overview of the commercial housing pre-sale system.Then,the author defines deeply the nature and definition of the commercial housing pre-sale system and a detailed analysis of the main legal relationship subject and the content.the second part of the paper,the legal characteristics of the commercial housing pre-sale is studied deeply in the nomological analysis,especially the expectant right features in the sale of commercial housing has to do a thorough inquiry and analysis,at the same time stressed that the delivery time of the agreement and coercive force of the state,based on the analysis of their characteristics,and do its fundamental difference research between the confusing contracts for example,the difference with the installment sale contract..Study on commercial housing mandatory administrative acts in the commercial housing pre-sale registration system has made the comprehensive analysis,and on this basis,the important differences and relations between the commercial housing pre-sale registration system and the notice registration system are made in terms of their nature,application,legal basis and legislative purpose.This problem has a far-reaching impact in the legal practice and the effectiveness of pre-sale permit is defined;the fourth part elaborate subscription of the commercial pre-sale housing,mainly from the establishment of the subscription book meaning,content and nature of the subscription contract and the effect of the basic concept,comprehensively discuss the rights and obligations of the abstract of commercial housing subscription;the fifth part of the article we discussed in the legal practice of frequent pre-sale of commercial housing transfer behavior,we are often called the "sale","speculation" behavior,we make a specific description at definition of and concept the legal behavior,and at the same time we make a repeatedly pondering comprehensive summary when it in the legal practice,complex tax of the pre-sale transfer payment is described;the last part of the article,the based on the main contradiction and the secondary contradiction of the existing legal system and social life condition with it,we do the analysis and research on feasibility at the abolition of the commercial pre-sale housing.An in-depth analysis from two aspects of value and advantages and disadvantages,finally own views and put forward effective arguments to support,and support in the presence of pre-sale system,put forward effective measures to improve the system.