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 08:02
【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]:The pre-sale system of commercial housing has been introduced into China for nearly 20 years. In the early stage of the introduction of the pre-sale system of commercial housing, it has played an important role in solving the housing problems of Chinese people and promoting the development of the real estate market in our country. With the passage of time, the defects of the pre-sale system of commercial housing have exposed many problems in the process of practice, which has led to many legal disputes in the process of pre-sale of commercial housing. Although our country is constantly studying and perfecting the commercial housing pre-sale system, but the problem is still in, after 2005 and 2010 commercial housing pre-sale system storage and abolition debate, the 2012 commercial housing pre-sale system storage and abolition in the community caused fierce discussion. The author takes this opportunity to study the pre-sale system of commercial housing, hoping to put forward practical countermeasures. Based on the protection of the legal rights and interests of the weak pre-buyers, this paper introduces the concept of the pre-sale system of commercial housing in China, introduces and develops the present situation, and aims at the development stage of the pre-sale of commercial housing. This paper analyzes the relevant legal practice problems in the three main stages of sale and delivery, and draws lessons from the reasonable practices of commercial housing pre-sale abroad, and puts forward corresponding suggestions for perfection, and also aims at the overall problem of the pre-sale system of commercial housing. The paper puts forward some suggestions on how to improve the financing channels of real estate, actively share the risks, encourage lawyers to participate in and set up the China Housing Regulatory Commission, and hope to improve the pre-sale system of commercial housing and protect the legitimate rights and interests of the buyers. To promote the healthy and stable development of the commercial housing market.
【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：2249517
[Abstract]:The pre-sale system of commercial housing has been introduced into China for nearly 20 years. In the early stage of the introduction of the pre-sale system of commercial housing, it has played an important role in solving the housing problems of Chinese people and promoting the development of the real estate market in our country. With the passage of time, the defects of the pre-sale system of commercial housing have exposed many problems in the process of practice, which has led to many legal disputes in the process of pre-sale of commercial housing. Although our country is constantly studying and perfecting the commercial housing pre-sale system, but the problem is still in, after 2005 and 2010 commercial housing pre-sale system storage and abolition debate, the 2012 commercial housing pre-sale system storage and abolition in the community caused fierce discussion. The author takes this opportunity to study the pre-sale system of commercial housing, hoping to put forward practical countermeasures. Based on the protection of the legal rights and interests of the weak pre-buyers, this paper introduces the concept of the pre-sale system of commercial housing in China, introduces and develops the present situation, and aims at the development stage of the pre-sale of commercial housing. This paper analyzes the relevant legal practice problems in the three main stages of sale and delivery, and draws lessons from the reasonable practices of commercial housing pre-sale abroad, and puts forward corresponding suggestions for perfection, and also aims at the overall problem of the pre-sale system of commercial housing. The paper puts forward some suggestions on how to improve the financing channels of real estate, actively share the risks, encourage lawyers to participate in and set up the China Housing Regulatory Commission, and hope to improve the pre-sale system of commercial housing and protect the legitimate rights and interests of the buyers. To promote the healthy and stable development of the commercial housing market.
【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：2249517
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