Study On Advance Notice Registration System In Commercial Housing Presale

With the continuous development of market economy,China's real estate market is more complex,not only the "risk buyers facing housing two sell",there are other possible harm to property buyers have the risk of housing ownership,such as the construction project price priority,priority of public behavior.In order to fully protect the rights and interests of property buyers,for the long-term development of China's real estate market,it is imperative to establish a perfect notice registration system.The significance of the notice registration system lies in the expectation that the buyers can protect the ownership of the commercial houses when they fail to register.The system of civil law is an important part of real estate registration system,the continental law system of property law,still had a profound impact,property registration law and debt law,property law,real estate registration law and law of obligation for registration has undergone profound association.In our country after the promulgation of the notice of registration until the provisions of "property law",some legal norms can be followed,but still superficial,too simple,not in order to give full play to the main function of the system in the judicial practice,in practice is often unsatisfactory.In February 28,2016,the Supreme Court issued a formal "on Several Issues concerning the application of law interpretation of People's Republic of China < >(a)",a detailed explanation of the further notice of the registration,further detailed answers to some problems in the process of judicial practice.But the explanation for many of the practical issues and failed to do a detailed explanation,such as "property law" article twentieth "in accordance with the contract may apply to the registration authority for pre registration" in the "agreement" to understand the registration notice,the scope of application,notice,registration registration and total bankruptcy effectiveness and so on are no particular cause,the status of implementation of the advance notice registration system has not reached the expected target.Therefore,the author of this paper is on the analysis of the existing registration system of our country based on the specific risk to the purchase of existing in the pre-sale of commercial housing as a starting point,by the comparison method,the research on the advance notice registration system defects in China,according to the results of my research field and Ancient Chinese Literature Search of relevant national legislation.From the legal terms,program design,effectiveness and other aspects put forward suggestions for perfecting the registration system,the system can more fully protect the legitimate rights and interests of property buyers.