On The Improvement Of Protection Of The Pre-Purchasers' Interests In Pre-Sell Contract Of Commercial Buildings

Since reform and opening, with the level of China's economic take-off, people's food, clothing and transport conditions have been greatly improved. Thus housing has become the main problems plagued people's lives. As the market economy enters into in-depth development and the right of the use of state-owned land is free to trade, combined with the old housing system reform in China and many other factors working together, China's real estate market has entered a phase of unprecedented prosperity. The introduction of the pre-sale system of commercial housing has improved the financing environment for commercial housing development companies. The purchase of commercial housing has been made possible due to the form of installments in the absence of sufficient purchasing power.With the continuous development of commercial housing market, pre-sale contracts are always popping up between the developer and pre-purchaser. They both bear good expectations, hoping that their rights are protected at the legal framework while signing contract. However, the reality is always cruel in that the sale of commercial housing in China has only experienced a few decades. Thus, legislation on protection of the rights of pre-purchaser is a bit imperfect. Immature legislative adjustment mechanism makes the balance and protection in the relationship of interests in the mechanisms unfair and unreasonable. Conflicts in the marketing interests are gathering in this system. Therefore, how to improve the legal system of the protection of pre-purchasers'rights in the commercial housing sale contracts has become a legislative and judicial issue both in theory and practice.This paper is divided into four chapters:first chapter, the general theory on the rights of pre-purchaser in the contract for the sale of commercial housing; second chapter, the legislative analysis on the protection of pre-purchasers in the contract for the sale of commercial housing; third chapter, the empirical analysis on the protection of pre-purchasers in the contract for the sale of commercial housing; the fourth chapter, the improvement of mechanisms of the pre-purchasers'rights and legal protection, which mainly stated the improvement of related laws, the provision of legal ground for pre-purchasers, widening the legal channels for relief, sufficient and timely legal protection for pre-purchasers, setting up the professional registration authorities.