浅析我国商品房预售制度的相关法律实务问题
发布时间：2018-09-19 08:01
【摘要】：商品房预售制度引入我国将近二十年的时间,商品房预售制度在引入初期为解决我国人民的住房问题,促进我国房地产市场发展发挥了重要作用。随着时间的推移,商品房预售制度自身的缺陷,在实践过程中暴露出许多的问题,导致了许多商品房预售过程中的法律纠纷。虽然我国不断地在研究和完善商品房预售制度,但是问题犹在,继2005年和2010年商品房预售制度存废之争的大讨论后,2012年商品房预售制度的存废又在社会上引起了激烈讨论,笔者借此机会对商品房预售制度展开研究,希望能够提出具有实践意义的对策。 本文以维护弱势预购方的合法权益为基点,介绍我国商品房预售制度的概念、引入和发展现状,针对商品房预售的开发阶段、销售阶段和交付阶段三个主要阶段的相关法律实务问题展开分析；并且借鉴国外的商品房预售合理做法,提出相对应的完善建议,也针对商品房预售制度的总体性问题,提出了改善房地产融资渠道、积极进行风险分担、鼓励律师参与和成立中国房监会的方向性建议对策,期望能为完善商品房预售制度,保护预购方的合法权益,促进商品房预售市场健康稳定发展尽些绵薄之力。
[Abstract]:It has been nearly twenty years since the introduction of the commercial housing pre-sale system into China. The commercial housing pre-sale system has played an important role in solving the housing problems of the people and promoting the development of the real estate market in China. There are many legal disputes in the process of pre-sale of commercial housing. Although China is constantly researching and improving the system of pre-sale of commercial housing, the problem still exists. Following the discussion of the dispute between the system of pre-sale of commercial housing in 2005 and 2010, the existence or abolition of the system of pre-sale of commercial housing in 2012 has aroused heated discussion in the community. The author takes this opportunity to discuss the system of pre-sale of commercial housing. Research on the pre-sale system, hoping to put forward practical countermeasures.
Based on the protection of the legitimate rights and interests of the vulnerable pre-purchasers, this paper introduces the concept of China's commercial housing pre-sale system, introduces and develops the status quo, analyzes the relevant legal and practical problems of the three main stages of the development stage, the sale stage and the delivery stage of commercial housing pre-sale, and draws lessons from the reasonable practices of foreign commercial housing pre-sale, and puts forward some suggestions. Corresponding suggestions are put forward to improve the financing channels of real estate, actively share risks, encourage lawyers to participate in and establish the China Housing Regulatory Commission. It is hoped that these suggestions can improve the pre-sale system of commercial housing, protect the legitimate rights and interests of pre-purchasers and promote the pre-sale market of commercial housing. The field is healthy and stable.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29;D923.6;D922.297
本文编号：2249516
[Abstract]:It has been nearly twenty years since the introduction of the commercial housing pre-sale system into China. The commercial housing pre-sale system has played an important role in solving the housing problems of the people and promoting the development of the real estate market in China. There are many legal disputes in the process of pre-sale of commercial housing. Although China is constantly researching and improving the system of pre-sale of commercial housing, the problem still exists. Following the discussion of the dispute between the system of pre-sale of commercial housing in 2005 and 2010, the existence or abolition of the system of pre-sale of commercial housing in 2012 has aroused heated discussion in the community. The author takes this opportunity to discuss the system of pre-sale of commercial housing. Research on the pre-sale system, hoping to put forward practical countermeasures.
Based on the protection of the legitimate rights and interests of the vulnerable pre-purchasers, this paper introduces the concept of China's commercial housing pre-sale system, introduces and develops the status quo, analyzes the relevant legal and practical problems of the three main stages of the development stage, the sale stage and the delivery stage of commercial housing pre-sale, and draws lessons from the reasonable practices of foreign commercial housing pre-sale, and puts forward some suggestions. Corresponding suggestions are put forward to improve the financing channels of real estate, actively share risks, encourage lawyers to participate in and establish the China Housing Regulatory Commission. It is hoped that these suggestions can improve the pre-sale system of commercial housing, protect the legitimate rights and interests of pre-purchasers and promote the pre-sale market of commercial housing. The field is healthy and stable.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29;D923.6;D922.297
【引证文献】
相关硕士学位论文 前1条
1 韩欢欢;基于场论的商品房预售资金监管强度模型研究[D];重庆大学;2016年
，本文编号：2249516
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