The Dilemma Of Rights Protection Of Prospective House Owners And Its Countermeasures ——Case Analysis Based On Area B

Since the 1990 s,along with the end of the era of unit-allocated housing and welfare housing,China has implemented a comprehensive system of commercialisation and marketisation of housing supply,resulting in the creation of a new social identity based on residential property rights,namely the "owner" group.The construction,sale and delivery management of commercial properties have led to frequent conflicts and infringements based on the different positions and interests of the various parties involved,and the consequent defence of owners’ rights has entered the public domain.In the case of the term housing transactions based on the pre-sale system of commercial properties,as the purchasers are required to pay the consideration for the housing without obtaining the property rights and without seeing the actual property,there are many uncertainties in the subsequent performance of the contract,and disputes and conflicts are particularly prominent.This paper attempts to break the limitation of the previous research on the rights of property owners by focusing on the single logical thread of "property infringement and owner’s rights",based on the actual cases of owners’ rights in the phase housing in Area B,focusing on the rights of owners in the pre-sale phase or during the delivery process.The study aims to provide some reference significance on how to effectively protect the rights and interests of owners and resolve the conflicts in the transaction of the phase houses.This article,through the statistics of the typical cases of defending the rights of the property owners in Area B,has sorted out the common problems involved in defending the rights of the property owners and the four common ways of defending the rights of the property owners,and found that the ineffectiveness of the inaction way of defending the rights,the opportunity and risk of the confrontation way,the low rate of mediation and investigation by the administrative way of defending the rights,and the high economic and time cost of the judicial way.It also explores the resource and information dilemma,the organisational dilemma and the dilemma of the rights defence path,and analyses in depth the reasons for the dilemma,such as the unequal status of the two parties in the real estate market,the lack of supervision by the local government due to the excessive reliance on the real estate economy,the lack of protection of owners’ rights due to the lagging and imperfect laws and regulations,and the lack of owners’ awareness of risk prevention and their ability to defend their rights in accordance with the law.This paper makes use of a combination of collaborative governance and the role of the government.This paper proposes measures to alleviate the situation by applying the theory of collaborative governance and the role of government,such as improving the legislation on owners’ right to information and the collective rights protection litigation mechanism,establishing a system for informing owners of unfavourable factors,reducing the ratio of sandboxes and publicity pictures to planning plans,deepening the system of information disclosure on term housing,establishing a sound system of housing transaction agents,strengthening the government’s supervision and guidance on the real estate market,We should strengthen the legal publicity of the protection of the rights and interests of commercial housing transactions,dredge the contradictions,guide the owners to safeguard their rights scientifically and rationally,and build a collaborative governance pattern of the real estate market environment.