中韩商品房预售制度对比研究

发布时间：2018-11-24 18:52

【摘要】：商品房预售制度自1994年正式被我国运用以来,其以能为购房人减轻购房负担,以能为开发商解决运转资金等问题,迅速成为我国商品房销售市场中主要的运营手段,为我国房地产业的繁荣发展作出了巨大贡献。然而,目前我国商品房预售制度的法律法规并不健全、完善,出现了滞后,出现了与发展脱节的情况。如,我国商品房预售资金监管规定混乱,没有全国统一规范等等问题,不禁让我们追问如何才能有效解决商品房预售制度不完善所带来的弊端。本文以解决我国商品房预售制度在实践中存在的问题,试对中韩商品房预售制度进行对比分析。希望在对比分析中,发现问题并得到可借鉴经验,完善我国商品房预售制度。本文首先在第一章绪论当中,对文章的研究目的与意义、研究现状以及研究范围与方法进行全方位的阐述,意在表明本文的写作主旨。第二章,以商品房预售制度概述角度对商品房预售制度进行论述,涉及商品房预售的概念,商品房预售的特征、性质以及商品房预售制度的产生与发展进程,预从整体上把握商品房预售制度。第三章,以中国商品房预售制度之预售的准入条件为切入口,对中国商品房预售合同备案制度,商品房预告登记制度,商品房预售资金监管制度等问题进行剖析,从全局上诠释中国商品房预售制度。第四章,以韩国商品房预售制度的角度出发,阐述并分析韩国商品房预售的准入条件、商品房交易申告制度、假登记制度、买卖担保制度、商品房预售住宅请约等制度,为充分进行中韩商品房预售制度对比研究进行铺垫。第五章,在中韩商品房预售制度全面分析的基础上,对中韩两国预售制度进行分别比较与借鉴分析,并在此基础上提出完善我国商品房预售制度的若干建议。第六章为结语,对本文写作结论进行最后阐述。
[Abstract]:Since it was formally used in our country in 1994, the system of pre-sale of commercial housing has become the main means of operation in the market of commercial housing in our country because it can lighten the burden of house buyers and solve the problems of running funds for the developers. It has made great contribution to the prosperity and development of the real estate industry in our country. However, at present, the laws and regulations of the pre-sale system of commercial housing in China are not perfect, lagged, and out of step with the development. For example, the regulation of pre-sale funds of commercial housing in our country is chaotic and there is no national standard, and so on, so we can not help asking how to effectively solve the defects brought about by the imperfect pre-sale system of commercial housing. In order to solve the problems existing in the practice of the pre-sale system of commercial housing in China, this paper tries to make a comparative analysis of the pre-sale system of commercial housing in China and South Korea. It is hoped that in the comparative analysis, the problems can be found and the experience can be used for reference to perfect the pre-sale system of commercial housing in China. In the introduction of the first chapter, this paper expounds the purpose and significance of the article, the present situation, the scope and methods of the research in an all-round way, in order to show the main purpose of this paper. The second chapter discusses the pre-sale system of commercial housing from the perspective of the outline of the pre-sale system of commercial housing, involving the concept of pre-sale of commercial housing, the characteristics and nature of pre-sale of commercial housing, as well as the emergence and development process of the pre-sale system of commercial housing. In advance from the overall grasp of commercial housing pre-sale system. The third chapter, taking the entry conditions of the pre-sale system of China's commercial housing as the entry point, analyzes the record keeping system of the pre-sale contract of China's commercial housing, the pre-registration system of the commercial housing, the supervision system of the funds for the pre-sale of the commercial housing, and so on. From the overall interpretation of China's commercial housing pre-sale system. The fourth chapter, from the perspective of the Korean commercial housing pre-sale system, expounds and analyzes the entry conditions, the commercial housing transaction declaration system, the false registration system, the purchase and sale guarantee system, the commercial housing pre-sale housing request system, and so on. In order to fully carry out a comparative study of the pre-sale system of commercial housing between China and South Korea. The fifth chapter, on the basis of the comprehensive analysis of the pre-sale system of commercial housing between China and South Korea, compares and analyzes the pre-sale system of China and South Korea, and puts forward some suggestions to perfect the pre-sale system of commercial housing in China. Chapter six is the conclusion of this paper.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D931.26;D923

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