Analyses The Problem Of Administrative Supervision For The Preselling Of Commercial Housing

In the early 1990 s,our country introduced the Pre-sale of commercial housing system from Hongkong to Shenzhen for the first time.As the pre-sale of commercial housing system can not only promte the real estate developer's capital flow,recuce housing prices,but also reduce the pressure of housebuyers,with the continuous development of China's economy,the pre-sale system has gradually become the main way of housing sales in China.Because of the characteristics of the pre sale system in China,few projects have lasted for seven or eight years from pre sale to actual delivery.Some developing enterprises to damage the legitimate rights of consumers for economic benefit using of legal loopholes.Although the buyer can maintain its legitimate rights and interests through civil means in accordance with the relativity of the commercial housing contract after the damage.But because of the imperfect information disclosure system of commercial housing pre sale,cause the buyers contract be lifted because of the information not clear after a year or two years won't be known,unable to maintain its legitimate rights and interests in time.Even if they get the relief,it will still cause a lot of economic loss because of the house prices are growing too fast.If the project is "unfinished",the judicial means can not help the legitimate rights and interests of the buyers because of the inability to obtain property rights.Therefore,the supervision of the administrative organs is particularly important.Based on the introduction of the pre-sale system and the pre-sale process,combined with the related cases in the pre-sale process.this paper introduces the main administrative supervision issues involved in the pre-sale process of commercial housing in China.Including commodity house opens to booking a contract registration and filing system useless,The cancellation management of the commercial housing contract is chaotic,pre-sale financial supervision and the real estate information disclosure system is not perfect and so on.The root cause is the defect and deficiency of relevant laws and regulations.For example,the pre-sale contract registration system and the pre-sale fund supervision system have relevant legal provisions,but the regulations are too general,lack of specific rules.Only a clear and detailed legal basis can ensure the administrative organs exercise their supervisory duties efficiently.Real estate net contract cancellation approval system and real estate information disclosure system in the administrative departments around has a certain shape,but it is lack of legal support,the law is basically blank,therefore need to practice to summarize experience in law,establish the relevant legal system,to ensure the implementation of the supervision system from legislation level.Only to perfect the relevant legal system of administrative regulation,establish a pre-sale capital supervision system and commodity house information disclosure system for the data sharing of commercial housing pre-sale system.Only by giving full play to the supervisory power of the administrative organs and the people,can the administrative supervision play the most important role and guarantee the legitimate rights and interests of the prepurchasers.