The Understanding And Improvement Of The Commercial Housing Pre-sale Advertising Standards

Restricting and curbing the false acts of commercial housing pre-sale advertising must be legally effective.However,the commercial housing pre-sale advertising and whether the legal offer? According to what criteria to judge a specific commercial housing pre-sale advertising is an offer? To this day,it is still a difficult problem in the theoretical circle and judicial practice.Although the "Supreme People's Court on Several Issues concerning the application of law in the trial of the sale of commercial housing contract dispute cases the interpretation of"(referred to as the "judicial interpretation")third,pre-sale of commercial housing advertising nature make orientation guidelines,pre-sale of commercial housing advertising is "relative" invitation,in accordance with the "three conditions" pre-sale of commercial housing advertising "should be regarded as an offer," the unified law enforcement measures,is of great significance in regulating the sale of commercial housing advertising behavior.However,the standard is too general and principle,and the scope is narrow,the applicable premise and avoid the harsh,developers use unscrupulous divisive tactics that standard,the standard failed to achieve its desired legal effect and social effect.This paper based on the results of existing research,in-depth analysis of the offer of the commercial housing pre-sale advertising standards of existing problems,propose a unified and perfect advertising offer the identification standard of opinions and suggestions,so as to further specific and clear.In addition to the introduction and conclusion,this paper is divided into three parts.The first part is an overview of the nature of the commercial housing pre-sale advertising standards.The nature of interpretation of pre-sale of commercial housing advertising theory forms,commercial housing pre-sale advertising center that offer nature and judicial tendency,the nature of our current commercial housing pre-sale advertising identification basis and legal standards and its significance;the second part discusses the nature of China's real estate sale advertising standard problems.Mainly through the "three conditions" analysis,from three aspects of advertising object,content and function of the consequences,reveal the existing "judicial standard"("three")problems;the third part is to further clarify the nature of China's commercial housing pre-sale advertising standards with suggestions.Mainly for the "three conditions" and the existence of the problem of the developers deliberately circumvent the application of the judicial standards to further refine and concrete,with a view to a more clear and perfect.The third part is the focus of this paper.