Study On Legal Issues Of Concerning The Supervision Of Pre-Sale Funds For Commercial Housing

With the continuous development of the market economy in our country,housing has been traded as commodities,and thus has been included in the market economic regulation for more than 20 years.In the process of housing commercialization,the status of the pre-sale system for commodity housing has become irreplaceable.Among them,the issue of supervision of pre-sale funds has always been one of the focuses of the parties concerned.However,the regulation of pre-sale funds in China's commercial housing has not yet established a unified legislative provision.The practice in various localities is not the same,resulting in some legal issues arising from the pre-sale of commercial housing funds and causing chaos in the real estate market..It is for this reason.In order to prevent disorder in the real estate market and prevent market failures,it is necessary to intervene in the supervision of pre-sale funds for commercial houses by means of the rule of law,and to improve and perfect the legal system for the supervision of pre-sale funds for commercial housing in order to fundamentally ensure an orderly and healthy development of the real estate market.The first chapter of this article starts from the research background and significance,expounds the current development background and the significance of the supervision of pre-sale funds for commercial housing in China,and obtains new ideas through the research results of the supervision of pre-sale funds at home and abroad.As the cornerstone,the legal issues arising from the supervision of presale funds for commercial housing are the research points of this article.The second chapter of this article starts with the basic theories of pre-sale funds supervision of commercial housing,that is,the definition of pre-sale funds supervision of commercial housing,and emphatically explains the definition and legal nature analysis of pre-sale funds for commercial housing,and then defines the concept of pre-sale funds supervision;Analyze the positive and negative significance of the history of disputes over the pre-sale system of commodity housing,the background of current disputes and the supervision of pre-sale funds for commercial housing,and the application of the theory of state intervention from the perspective of legal philosophy,freedom and economic law in the pre-sale funds supervision system,And then analyze the necessity of supervision of commercial housing pre-sale funds.The third chapter of this article starts with an analysis of the current status of China's commercial housing pre-sale funds supervision,analyzes the practice supervision modes of each place,and finally comprehensively analyzes and summarizes the legal problems existing in the supervision of pre-sale funds for commercial housing,and elaborates on them.The fourth chapter of this article starts by examining the supervising model of pre-sale funds for extra-territorial commercial housing,and briefly introduces the US notarization trusteeship system and Japan's deposit preservation system.And for the advantages of existing foreign regulatory models can be used for reference,in order to better improve China's commercial housing pre-sale funds supervision system.Finally,in the fifth chapter of this article,based on the summary of the analysis of the previous chapters,the author puts forward the idea of further perfecting the supervision of the pre-sale funds for commercial houses in China by using the stones of other hills to attack the local jade.The main purpose is to determine the qualifications of the regulatory bodies.,Supervision procedures and violation of regulations or agreements should be undertaken by the legal responsibility of independent opinions,aimed at establishing a complete set of commercial housing pre-sale funds legal supervision system.