An Empirical Study On The Deception Standard Of False Advertising Contract

With the rapid sales of commercial housing and the rapid development of the real estate industry,advertising,as a powerful marketing tool in this era,is widely used in the sales process of commercial housing.At this stage,China’s commercial housing sales mainly adopt the pre-sale method.Commercial housing pre-sale advertisements have become a popular way for real estate developers to sell commercial housing.Because the pre-sale target of commercial housing is a house that has not been built or does not exist yet,many developers who seek to make huge profits use this particularity to publish false commercial housing pre-sale advertisements,misleading and deceiving buyers from signing a purchase contract with them.Such disputes occur frequently and the number of surges not only seriously damages the interests of home buyers,but also disrupts the normal order of the real estate market.Under such a large environment,the standard for determining fraudulent advertising contract lags behind at the legislative level,which has led to various contradictions in practice.The legend organized by 11 real referee documents vividly shows the buyer’s buyer’s needs.In summary,on the one hand,the content promised in the advertising has not been realized after the purchase of the house,on the other hand,it is because of the receipt Government policy planning led to failure to achieve the purpose of buying a house.Based on considerations such as protecting the interests of home buyers and regulating the order of the real estate transaction market,first of all,starting from the conversion boundary of advertising offer invitations and invitations,exploring whether the advertising promotion content in the sale of false advertising commercial house sales contracts is contract content,and clearly stipulating invitations The statutory boundary for the conversion from the offer,that is,the clear and specific promised behavior is regarded as the substantive performance of the contract,and this invitation to offer is legally prescribed as an offer to protect the legitimate interests of buyers.Secondly,it introduces the consideration of compensation for loss of trust benefits by interspersing cases,and improves the standard of compensation and recognition of loss of trust benefits.In addition,for the unclear definition in the law,if it is specific and clear,a necessary analysis of the significant impact is made.Refine and perfect the definitions described in the legal provisions,and propose local laws and regulations that specifically enumerate the scope of facilities within the scope of the housing plan with advertising content,and each place has issued corresponding laws and regulations to standardize the level of major impact.Combined with the background,it also puts forward perfect ideas on the legal regulation of false advertising,mainly reflected in the governance of false advertising should strengthen the law enforcement on the basis of legislation to improve the punishment standard.Finally,it is introduced with the purpose of "illegal possession" and innovatively proposes the limits of contract fraud and contract fraud,elaborating the principles and standards of contract fraud and civil fraud,and mastering the limits of crime and non-crime.