商品房交易中的购房者权益保护

发布时间：2018-05-01 02:15

本文选题：商品房购买者 + 权益　；参考：《宁波大学》2014年硕士论文

【摘要】：伴随着我国房地产经济的持续升温和消费品市场的飞速发展，商品房的购买人数越来越多，商品房买卖俨然成为当前交易市场的一大热点。与普通商品不同的是，商品房不仅仅是一种可有可无的消费品，而是维系一个人生存与发展的物质条件，其价格一般要高出普通商品上百倍，甚至上千倍。这就意味着对于大多数普通民众来说，购买一套商品房需要花费自己大量的积蓄，很可能是倾其所有．因此说商品房交易是人一生中最重大的交易行为也不为过。既然商品房交易行为事关重大，民众在购房过程中享有的权益也必然需要受到重视。但由于种种原因，购房者的权益保障远远没有得到落实，实践中存在大量开发商违法经营，侵犯了购房者人身财产安全的行为，影响了购房者正常生活和工作，制约了房地产市场的健康有序发展。虽然我国立法上已初步建立保护购房者权益的制度体系，但仍存在许多不足的地方，其中重要的一点就是没有把购房者权益纳入到《消费者权益保护法》中进行保护，，商品房买卖相关的法律法规、规章制度也不完善，甚至存在比较严重的适用冲突。法律对于商品房市场的规制体系亟待建立。本着切实维护购房者权益的目的，必须建立我国商品房购买者权益保护的立法体系，具体来说，《消费者权益保护法》应当明文规定商品房属于其规制的“商品”范畴，购房者属于一般意义上的“消费者”。在明确商品房购买者主体地位的同时，还应当在原有消费者基本权利的基础上加以扩充购房者的权益范围；制定和完善商品房交易相关法律法规，如《城市房地产管理法》、《建筑法》等。同时要完善相应的制度，如商品房预告登记制度、销售管理和示范文本制度、市场信息披露制度以及工程质量保修保险制度。
[Abstract]:With the continuous heating up of real estate economy and the rapid development of consumer market, the number of purchase of commercial housing is more and more, and the purchase and sale of commercial housing has become a hot spot in the current trading market. Different from ordinary commodities, commercial housing is not only a kind of dispensable consumer goods, but also a material condition to maintain a person's survival and development. Its price is generally hundreds, even thousands, times higher than that of ordinary commodities. This means that for most ordinary people, buying a commercial home costs a lot of their savings, probably by dumping it. Therefore, it is not too important to say that commercial housing transaction is the most important trading behavior in one's life. Since commercial housing transactions are of great importance, the rights and interests enjoyed by the public in the process of buying houses must also be taken seriously. However, due to various reasons, the protection of the rights and interests of the buyers is far from being implemented. In practice, there are a large number of developers operating illegally, which infringes upon the property and personal safety of the buyers and affects the normal life and work of the buyers. Restricted the healthy and orderly development of the real estate market. Although our country has initially established a system to protect the rights and interests of property buyers, there are still many deficiencies, among which the important point is that the rights and interests of buyers have not been included in the Protection of Consumer Rights and interests Law to protect them. Commercial housing sales related laws and regulations, rules and regulations are not perfect, even more serious conflict of application. The legal regulation system for the commercial housing market needs to be established urgently. In order to safeguard the rights and interests of the buyers, it is necessary to establish a legislative system for the protection of the rights and interests of the buyers of commercial housing in China. Specifically, the Consumer Rights and interests Protection Law should explicitly stipulate that the commercial houses belong to the category of "commodities" regulated by them. Home buyers belong to the general sense of the "consumer". At the same time, we should expand the scope of the buyers' rights and interests on the basis of the original consumers' basic rights, formulate and perfect the laws and regulations related to commercial housing transactions, Such as the Urban Real Estate Management Act, the Building Law, and so on. At the same time, it is necessary to perfect the corresponding systems, such as the registration system of commercial housing, the system of sales management and demonstration text, the system of market information disclosure and the system of engineering quality warranty insurance.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294

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