Prepaid Buy A House In The Real Estate Transactions, Regulatory Research,

There exist many chaos during the commercial housing trading process in China, which has caused great damage for the housing buyers'benefit. However, the management and use about the prepaid commercial housing purchase are the prominent to improve. The specific provisions on the prepaid commercial housing purchase management and use has not been drawn up, so learning Europe and Hong Kong's experence and combing the local laws and regulations in various regions, I have been researching the prepaid commercial housing purchase supervision in order to enrich the theroy which the relationship between real right and obligatory right in the commercial housing trading as well as improve related legislation system.This paper is divided into five parts:The necessity of the prepaid commercial housing purchase supervision is discussed in the first part. First of all, the sale of commercial housing trading relationship is a long-term delivery relationship between buyer and seller, which is unequal compared to the general transaction. The main party is the social majority and the property rights of the housing buyers are claimed. Second, to define the legal nature of prepaid commercial housing purchase, pointing out that it is the statutory burden of a kind of incomplete property right and its exercise should be subject to appropriate restrictions. Again, both from the legal theory, such as contract's repeated games, integrity mechanisms, restrictions on freedom of the philosophy of law, the safety and efficiency of the legal regulation, and the economic theory in terms of cost point out the necessity of public supervision on the private behavior.Domestic and abroad's supervisory mode, especially the domestic mode, has been investigated, comed and evaluated in the second part while most non-governmental organization such as third party neutral angency supervise the prepaid commercial housing purchase. However, many different situations in domestic mode which government supervision, banking supervision, notarization supervision, guarantee agencies supervision, company supervision, law firm supervision have exsited and needed the unity in the legal height.The third part deals with the the oretical support. Pointed out that the pre-sale commercial housing legal relationship is a public-private hybrid economic law legal relationship, which must be meaningful to supervise the prepaid commercial housing purchase. Meanwhile, apply the theory of economic law to analysis the relationship between the main body of the ternary, and point out the supervisory subject nature of the prepaid housing purchase is a quasi-administrative and its its powers should also be a quasi-executive.The forth part presents the author's sepecific conceive and proposals about the legislative mode of a viable supervision mode, pointing out that non-governmental organizations could assume the functions of social and public administration. It is an appropriate supervision mode that law firm or Association of Realtors are took as the supervisory subject in order to the supervision purpose is achieved. After thinking, I put forward a configuration mode about supervisory subject's rights, duties, responsibilities, etc.Finally, the author in conclusion pointed out that during the process of non-governmental organizations supervise the prepaid housing purchase. They should accumulate the supervisory experience and further expand the scope of supervision to the entire process of pre-sale commercial housing so that the pre-sale commercial housing market can achieve the real healthy and orderly development. In other words, this article not only advance the workable solution about prepaid commercial housing transactions but also has some referenced significance on the whole supervisory mode in the future pre-sale commercial housing systerm.