The Construction Of Guarantee System For The Defects Of Commercial Housing In China

All along,the basic necessities of life has been the basic needs of people’s lives,of which "live" is a large part of the daily life of spending.So,the real estate has been high heat.The face of commercial housing such a huge asset expenditure,consumers in the purchase has been a cautious attitude.The state in order to protect the legitimate rights and interests of commercial buyers and commercial housing market in an orderly manner,to take a lot of measures,but also developed a series of laws and regulations.But the quality of commercial housing problems still occur,the legitimate rights and interests of commercial buyers are still not fully guaranteed.This paper attempts to solve the problem that the quality of commercial housing in our country is not high and the right of the buyer of the commercial housing is difficult to solve through the establishment of the guarantee system of the defective guarantee of the commercial house in our country,taking the defect liability guarantee system as the breakthrough point.This paper is divided into five parts:The first part:the question raised.Through the judicial practice on the quality of commercial housing case of the introduction of the topic,followed by the commercial housing flaw guarantee responsibility system research significance and research status.The second part:the origin and theory of the guarantee responsibility of commercial flaw.Including the origin of the responsibility of the defective liability and the theory of responsibility for the theory and commercial flaw.Based on the flaw guarantee system of the object,the research on the guarantee system of the defective guarantee of commercial housing in China.The third part:the problem and the present situation of the guarantee system of the defective guarantee of commercial housing in China.Through the analysis of the existing laws and regulations of the guarantee responsibility of commercial flats in China,this paper summarizes the problems of the main body of responsibility,the period of responsibility,the content of responsibility and the nature of responsibility.The fourth part:the provisions of the guarantee system of the flaws of foreign commercial houses.This section mainly introduces Japan ’s responsibility system for residential flaw guarantee,France’ s "responsibility for transferable defect" and the implied guarantee system of Anglo-American law system.Through the research on the guarantee system of the flaws in the commercial areas,the author draws some suggestions and makes the guarantee system of the commercial flats in China.The fifth part:the construction of the guarantee system of the flaws of commercial housing in China.This paper puts forward some suggestions on the construction of the guarantee system of the flaw in China’s commercial housing after the existing problems of the guarantee responsibility of commercial flats in our country and the reference to the guarantee system of the defects of commercial flats.The main aspects are the construction of the system,mainly from the main body of responsibility,the burden of proof,the responsibility period and the effectiveness of the responsibility to elaborate on the other hand,mainly with the system supporting the two systems-residential performance system and residential Quality assurance insurance system.The two systems to improve and with the commercial housing flaw guarantee liability system in order to better protect the legitimate rights and interests of commercial buyers.