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Legal Risk Measures On China's Pre-sale Of Commercial Residential Building

Posted on:2011-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z X FuFull Text:PDF
GTID:2166330332458362Subject:Law
Abstract/Summary:
The real estate industry is traditionally of capital-intensive industries; its operation requires a wealth of financial support. In order to support the development of the real estate industry, China introduces the Hong Kong real estate mortgage system. To a certain extent, it alleviated the shortage of funds in China's real estate market, reduced the entry threshold of real estate, and commandeered the enthusiasm of the developer. It has certain financing capabilities, and promotes the real estate market of prosperity and development. However, this raises a lot of problems, such as the building on the second sale, extension developers in the house or even fraud dispute was not so poor that the potential risk exist great risks, threatening the stability of the real estate market in China. As the 2008 US subprime mortgage crisis happened, the academic community on China's pre-sale system expanded to a heated discussion, focusing on whether China will occurs the subprime mortgage crisis, some professor even suggested to abolish the current existing pre-sale system.I think that, as China has implemented the presale system for a few years, it should not put that in the event of a problem as it. As any system has its advantages and potential risks, the presale system itself, is suitable for our country's economic development and the development of the real estate market. So it should be retained. If we can improve the appropriate laws and regulations, pre-sale regulatory system will eventually make the presale system in China to play a greater role. This article is divided into four parts:The first part: The development of China's real estate market. The author provides an overview of the US subprime mortgage crisis in the context of commercial housing market development, especially in the last two years of the new circumstances. Then the author led to the community on the presale system of dispute, which the author's personal point of view is that the presale system should be insisting on and constantly improving.The second part: The author takes two traditional examples in recent years to introduce the risk of the system of pre-sale system. Then further analyzes the current pre-sale market risk and harms.The third part: Pre-sale legal analysis of institutional risk. First of all, I points out the deficiencies of pre-sale market; Secondly, the author analysis the legal aspects on our presale system of risk and points out the legal regulations.The last part: Pre-sale risk prevention in system conception. The author makes pre-sale system risk prevention in system conception from improving legislation and improving supervision.
Keywords/Search Tags:Pre-sale of commercial residential building, Risk control, Supervise Measures
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