Legal Study On Consummation Of System Of Commercial Housing Presale In Our Country

Commercial housing presale is a supporting policy given to growing land agents during the initial stages of the development of real estate market in mainland, which is intended to release the shortage of people's housing, it aims to lower the doorsill of real estate business and encourage housing building in order to guarantee the success of housing system reformation of china. But based on practical experience, though commercial housing presale ever promoted the prosperity of china's real estate market, it also provided land agents an opportunity to harm the interest of consumers according to system shortages and deficiencies, such as making false shortage of market via"speculating in housing market", raising up the price of housing; impinging the rights of consumer via shrinking of floor space, design change and turgescence of environment description; presale the pledged housing again; presale, pledging the pre-sold housing again and even"running away with the cashes". So China real estate financial report of 2004, which is composed by real estate financial analysis group of People's Bank of China, pointed out that many market risks and exchange problems stem from commercial housing presale, now well-established land agents have accumulated certain power, so it is the time to abolish commercial housing presale and change the futures marketable housing sale to existing housing sale, but Ministry of Construction of China later showed definitely that commercial housing will not to be abolished in the near future. During Two-Conference in 2006, some deputies to the NPC submitted report of making suggestions about abolishing commercial housing presale and raise broad dispute.In writer's view, whether or not abolish system of commercial housing presale with the manner of"impose uniformity on all enterprises"mainly depends on whether the system is the spring of many problems in real estate market. Though there are many shortages and deficiencies in commercial housing presale, taken all in all advantages are larger than disadvantages, if relevant legal system more perfect, relevant system of commercial housing presale more healthful and application of relevant law in legal dispute of commercial housing presale more expansive, this system can be more favorable to country and people.In the paper the origin, development and run mechanism of commercial housing presale are firstly explored, its legal and economic attributes are analyzed. Secondly commercial housing presale in main countries and areas are analyzed legally. Thirdly present situation of commercial housing presale at home is probed into, problems and legal deficiencies in commercial housing presale of our country are pointed out. In the end some relevant practice and model point of legislation in main countries and areas are pointed out, several suggestions are brought forward to consummate the system of commercial housing presale in our country.