Study On The Legal Effect Of Housing Stock Trading Network

In order to strengthen the monitoring of the real estate market,at the same time,to prevent the "housing two sell" against the interests of the buyer happens,authorities around the Housing Administration(hereinafter referred to as the "housing management department")in the process of housing stock trading,ask the stock of housing trading gradually implement online contract information management measures(hereinafter referred to as the "net signed").The housing stock trading network to sign is stipulated by the normative documents of the relevant functional departments,and the practices vary from place to place.Due to the lack of unified legislative regulation,the legal position of the system is unclear,and the legal effect is uncertain,which has caused no small controversy in theory and practice.For the validity of sale of housing stock of net signed the law,we must start from the system concept and design process.The article combs the typical concept definition,summarizes the handling process,and realizes that the stock housing business is actually an auxiliary way of government regulation and control of the real estate market,and it is a procedural behavior to deal with the stock housing transactions.From different angles of view,the system has two attributes.From the parties to submit application materials,fill in the information and net signed signature confirmation,net signed has the attributes of the civil law;from the party to apply for acceptance,net signed,staff records,review,publicity,net signed has the attributes of the administrative lawIn civil law,handle net signed,the parties signed the contract has the legal effect of the establishment of housing stock in the sale contract signed.When conflict between net contract and non contract signed,net signed are the strong proof for the presumption of the validity of the sale contract,to protect the legitimate rights and interests of the buyer.In order to prevent the "Advance Notice Registration" system as a mere formality,starting from the existing legal system,the effectiveness of registration of advance notice should be described,and seek the meaning of the parties in the process of handling the parties to sign.In the process of net signed,before the transfer of housing registration,the mortgage is not allowed.In the future,it can be considered to give the stock of housing trading the power to impose restrictions on property rights.The administrative law aspect,the housing stock trading network have certification force and determine the force,executive force,but in the background of integrated real estate unified registration,real estate registration separation is pounding the legal effect of housing stock trading network.In fact,it is difficult to separate between the unified registration of immovable property system and the sale of housing stock net system.To promote the perfection of the system and running smoothly,it must be considered to interface the two systems in the context of existing system to enhance the legal effectiveness of the system.