The Effects And The Regulations & Polices Of Administrative Power In Disputes Of Merchandise House Contracts

Involved in numerous real estate transactions and the administrative examination and approval of administrative licensing, and administrative acts are not standardized caused a considerable number of disputes. For reasons not the seller or obtained an administrative license but failed to fulfill their contractual liability for breach of whether and how to take responsibility, judicial practice, there are still gaps in legislation. How to correctly judge the performance of the contract, how to properly address real estate executive involved in the cause of the Judicial Power of the trading and administrative management of conflicts, disputes the current real estate sales contracts in the urgent problem. This paper will explore these issues. This addition to the introduction and epilogue, the total is divided into five parts.The first part describes the executive involved in real estate transactions in the main forms, according to real estate sales from other sectors as well as completion of the process, the executive power of the developers involved mainly in the pre-qualification permit the approval of specific planning and administrative matters, the right to housing is the certificate for comprehensive acceptance of the registration and so on.The second part discusses the involvement of the executive power of the commercial sale of the impact of intervention on the one hand, the executive power has played a positive role in real estate transactions, the pre-licensing system is established, confirmation of planning issues, housing ownership, and comprehensive completion certificate issued review and acceptance of real estate transactions are safe and effective maintenance of order and regulate the real estate market. On the other hand does not complete the legislative and administrative actions are not standardized, because of the delay time for approval, registration errors and design alteration, leading real estate sales contracts are not properly and timely perform, led by the seller and buy conflicts and disputes between the executive management of conflict and civil jurisdiction.The third part of the judicial practice and grasp how to handle such cases, due to existing laws and regulations of the disputes caused by the executive power without a corresponding law, to correctly distinguish between administrative power and civil jurisdiction, I do not think simply in order to the seller received administrative examination and approval and to fulfill the duty of disclosure to determine its legality, with full respect to party autonomy, based on the principle of good faith and fair principles of justice, case-specific analysis, reasonable, sensible and lawful processing intervention led by the executive power of the real estate contract dispute.The fourth part is the proposed buyer to avoid such disputes in a brief response. For the buyer, it should carefully review the construction project planning permit and drawings, and improve related matters agreement, the responsibility for breach of contract to be specific. Can only avoid the pitfalls and reduce losses.The fifth part of the executive power of the specification and control measures, through the improvement of administrative legislation, standardize the administrative law enforcement organs, and promote the democratization process in the executive and legislative procedures, to avoid the administration of legislation and local departments of the tendency to increase of the executive behavior of transparency, trust the buyer, eliminating the executive power and civil conflict, the shortcomings of the trial norms, so that the executive power is more effective and better serve well for the civil activities.