住宅质量缺陷业主维权困境、成因及对策研究

发布时间：2018-06-28 13:27

本文选题：商品住宅 + 质量缺陷　；参考：《西安建筑科技大学》2014年硕士论文

【摘要】：本文以业主房屋质量缺陷维权诉讼若干案例为研究背景，阐述了商品住宅出现质量缺陷时业主维权的困境，分析了其成因，并提出针对性强的改进措施，在此基础上给出了若干可行的处理方法与对策。系列诉讼案例表明：当业主购买房屋出现质量缺陷时，将普遍面临不能获得及时妥善的维修、维权困难重重、房地产开发商态度强硬、缺陷处理敷衍推诿、缺乏有效投诉和调解仲裁机制、投诉无果、诉讼取证面临信息不对称技术性壁垒所导致的对鉴定和评估机构的鉴定和评估结果存在的瑕疵只能予以接受、诉讼程序性技术性难度过大、律师难以应对复杂专业性问题、律师代理诉讼成本过高等多重困境，因此，诉求总难获法院支持，法院难以应对这类专业性和数量众多维权诉讼，诉讼自由裁量幅度过大，诉讼结果不确定性强，维权结果大多得不偿失，甚至损失进一步加大。在诉讼过程中，原告方一般缺少专业背景、知识和经验，势单力薄，缺乏资源，缺乏有效和低成本的法律咨询及服务等。购房者利益受到侵害后，维权普遍遭遇困境。针对案例制定了有效性缺陷修复方案，依据国家规范和标准、鉴定结论对案例中房屋缺陷的损失进行了科学的评估，，证明了鉴定和评估机构的鉴定和评估结果失实的严重性及呈现减少开发商赔偿数额的单向性，揭示了鉴定和评估机构行为普遍存在的问题，为质疑鉴定和评估结果动机提供依据。在此基础上，提出了健全和完善住宅质量缺陷投诉和调解仲裁机制、完善现有鉴定和评估制度、建立建筑质量“终身保险制”、借鉴英美法系判例法，建立维权案例数据库等改进措施，并建议加强健全和完善住宅质量缺陷投诉和调解仲裁机制体论证和设计的观点。
[Abstract]:In this paper, based on the research background of several cases of owners' rights litigation for quality defects of buildings, this paper expounds the plight of owners' rights protection when the quality defects of commercial housing appear, analyzes its causes, and puts forward some measures to improve it. On this basis, some feasible treatment methods and countermeasures are given. A series of litigation cases show that when owners buy houses with quality defects, they will generally be faced with difficulties in maintaining their rights in a timely and proper manner, real estate developers are tough, and defects are handled perfunctorily. In the absence of an effective mechanism for complaint and mediation and arbitration, the failure of complaints, the fact that litigation evidence is faced with technical barriers to information asymmetry that lead to flaws in the identification and evaluation results of appraisal and evaluation institutions can only be accepted. The procedural technology of litigation is difficult to overcome, lawyers are difficult to deal with complex and professional problems, and lawyers' representation costs are too high. Therefore, it is always difficult to obtain the support of the court, which is difficult for the court to deal with such professional and numerous rights litigation. The range of discretion of litigation is too large, the uncertainty of litigation result is strong, the result of protecting rights mostly outweighs the loss, and even the loss is further increased. In the litigation process, the plaintiff generally lacks professional background, knowledge and experience, lack of resources, lack of effective and low-cost legal advice and services. After the interests of buyers were infringed, rights protection generally encountered difficulties. According to the national norms and standards, the paper makes a scientific evaluation of the loss of the housing defects in the case, according to the national norms and standards. It proves the seriousness of the misrepresentation of the appraisal and evaluation results of the appraisal and evaluation institutions and presents the unidirectional nature of reducing the compensation amount of the developers. It also reveals the common problems in the behavior of the appraisal and evaluation institutions. To provide the basis for questioning the results of appraisal and evaluation of motivation. On this basis, the author puts forward to perfect and perfect the complaint and mediation mechanism of housing quality defect, perfect the existing appraisal and evaluation system, establish the "life-long insurance system" for building quality, and draw lessons from the case law of common law system. It is suggested to strengthen and perfect the argument and design of housing quality defect complaint and mediation and arbitration mechanism.
【学位授予单位】：西安建筑科技大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：F299.23;D922.294

【参考文献】