Understanding Of Legal Nature Of Commercial Housing Per-sale Advertisement

In recent years,disputes about the pre-sale contract of commercial housing occur frequently.Due to the characteristics of pre-sale,pre-sale advertisement plays a great role in the sale of housing.Of course,everything has two sides,in the play of advantages at the same time,the form of commercial housing pre-sale has also brought many problems.Disputes among them,the open to booking a contract dispute in the open to booking advertising rate rising,false advertising,cross flow,want constraints and contain false propaganda behavior of commodity house opens to booking a ads appear constantly and when disputes in judicial practice how to solve the problem,the key will be clear the nature of the open to booking advertising,thus can avoid false advertising developers from the source,can be clear when commodity house opens to booking a advertising occurrence dispute should be shall be investigated for responsibility and what responsibility shall be investigated.Before our country contract law(Ed.)now the civil code contract has to open to booking advertising properties in recognition of the response,but is only a simple general with the instructions,in 2003 the Supreme Court issued the judicial interpretation on the issue has made relatively detailed reply,open to booking advertising conforming to what condition can be directly as a contract offer,is indeed have a certain progressive significance.However,the phenomenon of different sentences in the same case still exists in the judicial practice.If this phenomenon continues to occur,it may not only damage the vital legal interests of the parties,but also seriously affect the authority of the judiciary.Therefore,this paper firstly analyzes the typical cases of the nature identification of commercial housing pre-sale advertisement in judicial practice in China,and then puts forward the existing problems in the nature identification of pre-sale advertisement in China,and solves how to identify the legal nature of pre-sale advertisement according to the existing legislation and practice.On the basis of the existing research,this paper analyzes the problems existing in judicial practice in the identification of the nature of commercial housing pre-sale advertising in Article 3 of China’s Judicial Interpretation,and puts forward some solutions,hoping to make some modest contribution to the difficulty in the identification of the nature of pre-sale advertising in China’s judicial practice.