我国集资房若干法律问题研究
发布时间：2018-07-31 21:01
【摘要】：集资房在我国房地产发展过程中具有一定特殊的地位，是历史性的产物。它既不同于传统的福利分房，也有别于市场上的商品房买卖，它更像二者之间的一个过渡。集资房在特定的历史阶段满足了一定职工住房需求，对经济发展和社会稳定都有着不同程度的影响。随着国家不断出台相关法律法规，不断限制集资房建设，由集资房演变而生的“团购”、“联建”等房屋形式开始不断出现，并在现实生活中普遍存在。为此，关于集资房的法律纠纷也在不断增加，而且上述纠纷中所体现出来的法律关系也较为复杂，涉及多方利益主体。本文在探讨我国集资房若干法律问题研究过程中，理论联系实践，以案说法，深入探讨了集资房买卖过程中所涉及的主要焦点问题，论证了相关法律问题，做出了较为深入的法律分析。希望能够探索出一条有利于规范集资房建设和管理的法律制度或相关办法，从而为众多购房者规避法律风险提供法律帮助，减少法院诉累，促进社会和谐。 本文由三大部分构成，具体如下： 第一部分为集资房买卖合同的性质、标的与效力分析，通过对集资房买卖合同的性质、标的与效力分析，对集资房买卖过程中存在的主要法律问题行一个全面的整理和归纳，让读者对集资房相关法律问题能有一个整体的认识。 第二部分为集资房买卖合同纠纷案件的司法处理与法律风险防范，通过列举一个案例，详细阐述了本案所涉焦点问题所引发的法理评析，在深入剖析案情的基础上，，揭示出了问题的本质，并提出法院在审理集资房买卖过程中应当遵循的原则，让读者能够从中有所启发，规避法律风险。 第三部分为我国集资房法律制度的缺陷与完善，从理论和司法实践的角度分析了我国目前集资房相关法律规定的不足，并就如何解决与完善集资房建设与管理提出了一些可行的办法。 结语部分，简要分析了研究集资房相关法律问题的必要性，同时指出加强国家立法、规范集资房建设和管理，对促进房地产市场健康有序发展、促进社会和谐及稳定具有重大意义。
[Abstract]:The financing house has a special position in the process of real estate development in our country, and it is a historic product. It is not only different from the traditional welfare housing division, but also different from the market commercial housing sale, it is more like a transition between the two. At a certain historical stage, the financing housing meets the housing needs of certain staff and workers, and has a different degree of influence on economic development and social stability. With the introduction of relevant laws and regulations and the restrictions on the construction of fund-raising houses, the forms of "group purchase", "joint construction" and other housing forms, which evolved from the evolution of fund-raising houses, have started to appear constantly, and they are widespread in real life. Therefore, the legal disputes about the financing house are also increasing, and the legal relationship embodied in the above disputes is more complicated, involving the multi-interest subject. In the course of studying several legal problems of the financing house in our country, this paper combines the theory with the practice, with the view of the case, deeply discusses the main focal issues involved in the process of the sale and purchase of the financing house, and proves the relevant legal problems. Made a more in-depth legal analysis. It is hoped that we can explore a legal system or related method which is conducive to standardizing the construction and management of fund-raising houses, thus providing legal help for many buyers to avoid legal risks, reducing court litigation and promoting social harmony. This paper is composed of three parts: the first part is the analysis of the nature, the target and the effectiveness of the contract of the sale of the financing house, through the analysis of the nature, the target and the effectiveness of the contract. This paper makes a comprehensive arrangement and induction of the main legal problems existing in the course of the sale and purchase of the financing houses, so that the readers can have an overall understanding of the legal problems related to the financing houses. The second part is the judicial treatment and the legal risk prevention of the disputes over the contract for the purchase and sale of the financing houses. By enumerating a case, the author expounds in detail the legal theory analysis caused by the focal issues involved in this case, and on the basis of the in-depth analysis of the case, This paper reveals the essence of the problem, and puts forward the principles that the court should follow in the course of handling the sale of fund-raising houses, so that the readers can enlighten and avoid the legal risks. The third part is the defects and perfection of the legal system of the fund-raising house in our country. It analyzes the deficiency of the relevant laws and regulations of the financing house in our country from the angle of theory and judicial practice. And put forward some feasible methods on how to solve and perfect the construction and management of fund-raising house. In the conclusion part, the author briefly analyzes the necessity of studying the legal problems related to the financing house, and points out that strengthening the national legislation and standardizing the construction and management of the fund-raising house will promote the healthy and orderly development of the real estate market. It is of great significance to promote social harmony and stability.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
[Abstract]:The financing house has a special position in the process of real estate development in our country, and it is a historic product. It is not only different from the traditional welfare housing division, but also different from the market commercial housing sale, it is more like a transition between the two. At a certain historical stage, the financing housing meets the housing needs of certain staff and workers, and has a different degree of influence on economic development and social stability. With the introduction of relevant laws and regulations and the restrictions on the construction of fund-raising houses, the forms of "group purchase", "joint construction" and other housing forms, which evolved from the evolution of fund-raising houses, have started to appear constantly, and they are widespread in real life. Therefore, the legal disputes about the financing house are also increasing, and the legal relationship embodied in the above disputes is more complicated, involving the multi-interest subject. In the course of studying several legal problems of the financing house in our country, this paper combines the theory with the practice, with the view of the case, deeply discusses the main focal issues involved in the process of the sale and purchase of the financing house, and proves the relevant legal problems. Made a more in-depth legal analysis. It is hoped that we can explore a legal system or related method which is conducive to standardizing the construction and management of fund-raising houses, thus providing legal help for many buyers to avoid legal risks, reducing court litigation and promoting social harmony. This paper is composed of three parts: the first part is the analysis of the nature, the target and the effectiveness of the contract of the sale of the financing house, through the analysis of the nature, the target and the effectiveness of the contract. This paper makes a comprehensive arrangement and induction of the main legal problems existing in the course of the sale and purchase of the financing houses, so that the readers can have an overall understanding of the legal problems related to the financing houses. The second part is the judicial treatment and the legal risk prevention of the disputes over the contract for the purchase and sale of the financing houses. By enumerating a case, the author expounds in detail the legal theory analysis caused by the focal issues involved in this case, and on the basis of the in-depth analysis of the case, This paper reveals the essence of the problem, and puts forward the principles that the court should follow in the course of handling the sale of fund-raising houses, so that the readers can enlighten and avoid the legal risks. The third part is the defects and perfection of the legal system of the fund-raising house in our country. It analyzes the deficiency of the relevant laws and regulations of the financing house in our country from the angle of theory and judicial practice. And put forward some feasible methods on how to solve and perfect the construction and management of fund-raising house. In the conclusion part, the author briefly analyzes the necessity of studying the legal problems related to the financing house, and points out that strengthening the national legislation and standardizing the construction and management of the fund-raising house will promote the healthy and orderly development of the real estate market. It is of great significance to promote social harmony and stability.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
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