论商品房预售制度的完善
发布时间：2019-03-13 16:56
【摘要】：商品房预售制度俗称“买期房”，是指房地产开发企业将正在建设中的商品房预先出售给消费者，并由购房者支付定金或者房价款。房地产业是我国国民经济的支柱产业，房地产业的健康发展对国民经济有着重要影响。保护公民的私有房产与我国的法律宗旨是一致的，即保护了公民的居住权，从而使公民的基本人权有所保障。我国商品房预售制度始于1994年出台的《中华人民共和国城市房地产管理法》，目的是降低企业资金门槛，促进房地产开发和销售。为了加强对商品房预售经营活动的规范和依法管理，全国人大常委会公布了《中华人民共和国城市房地产管理法》，国务院发布了《城市房地产开发经营管理条例》，国家建设部也发布了《城市商品房预售管理办法》等，初步确立了我国的商品房预售法律制度。 国家对房地产市场尤其是商品房交易市场的规范和管理一直没有松懈，然而，预售制度在实施这几十年中，对我国房地产市场的繁荣和发展起到了一定的积极作用，同时也产生了大量问题。笔者认为这些问题的出现不在预售本身，而是目前我国法律、法规不健全，没有对房产企业进行合理、严格的规制，没有对弱势群体即购买方予以建立特殊保护机制，，信息披露制度的不健全，资产管理的不到位是应该解决此现象的关键所在。本文参阅了一些国外做法，再结合我国国情与当前经济条件下房产市场发展状况，系统论述了商品房预售制度的优势与不足之处，分析其原因与影响，并提出了一些见解措施。 本文包括以下四个部分： 第一部分为商品房预售的理论。该部分介绍了商品房预售制度的涵义、性质、以及实施条件等基本情况。 第二部分为国外商品房预售制度的借鉴。主要介绍了美国、日本和德国预售制度的发展与现状，总结他们的经验，找到我国可以予以借鉴的地方。 第三部分为我国商品房预售制度的问题及缺陷。该部门主要是阐述预售制度在香港的起源以及发展情况，对大陆地区的影响，具体针对本土现实存在的问题进行分析，并指出大陆地区商品房预售制度发展中的一些体制与法律上的缺陷。 第四部分为完善我国商品房预售制度的建议。具体从市场准入和退出机制、对预售款的监管、预购人的保护、开立网络信息查询系统以及惩罚性赔偿机制的引用建议，在以上这些基础上提出完善我国商品房预售制度的建议。
[Abstract]:The pre-sale system of the commercial house is commonly known as the "buy-time house", which means that the real estate development enterprise pre-sale the commercial house under construction to the consumer, and the home buyers pay down the deposit or the house price. The real estate industry is the pillar industry of our national economy, and the healthy development of the real estate industry has an important influence on the national economy. The protection of the private property of the citizen is consistent with the legal purpose of our country, that is, the right of the citizen's residence is protected, so that the basic human rights of the citizen are guaranteed. The pre-sale system of the commercial house in China started in 1994, the Urban Real Estate Administration Law of the People's Republic of China, which aims to reduce the enterprise's capital threshold and promote the development and sale of the real estate. In order to strengthen the regulation and management of the pre-sale operation of the commercial house, the Standing Committee of the National People's Congress promulgated the Urban Real Estate Administration Law of the People's Republic of China. The State Council has issued the Regulations on the Administration of Urban Real Estate Development and Management. The State Ministry of Construction has also issued the Measures for the Pre-sale of the Commodity House of the City, etc., and preliminarily established the pre-sale legal system of the commercial house in China. The regulation and management of the real estate market, especially the commodity house market, has not been lax. However, the pre-sale system has played a positive role in the prosperity and development of the real estate market in China for several decades, and also produced a lot of questions The author thinks that the appearance of these problems is not in the pre-sale itself, but at present, the laws and regulations of our country are not perfect, and there is no reasonable and strict regulation on the real estate enterprises, and the special protection mechanism is not established for the vulnerable groups, that is, the purchaser, and the information disclosure system is not healthy. The failure of asset management is the key to this phenomenon. In this paper, the advantages and disadvantages of the pre-sale system of the commercial house are discussed in the light of some foreign practice and the development of the real estate market under the current economic conditions in combination with the national conditions and the current economic conditions. The reason and effect of the pre-sale system of the commercial house are analyzed, and some suggestions are put forward. Application. This article includes the following four Part 1: The first part is the commercial house The theory of pre-sale of the commercial house is introduced in this part. The meaning, nature and implementation condition of the pre-sale system of the commercial house are introduced in this part. The second part is the foreign commercial house The development and present situation of the pre-sale system in the United States, Japan and Germany are introduced, and their experience is summarized. the place to be used for reference. The third part is the pre-sale of the commercial house in China The main part of this department is to explain the origin and development of the pre-sale system in Hong Kong, to analyze the influence of the mainland, and to point out some problems in the development of the pre-sale system of the commercial house in the mainland. The defect in the system and the law. The fourth part is to perfect me. The suggestions on the pre-sale system of the commercial house of the State are given in detail from the market access and the exit mechanism, the supervision of the pre-sale funds, the protection of the pre-buyers, the opening of the network information inquiry system and the reference of the punitive compensation mechanism.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
本文编号：2439585
[Abstract]:The pre-sale system of the commercial house is commonly known as the "buy-time house", which means that the real estate development enterprise pre-sale the commercial house under construction to the consumer, and the home buyers pay down the deposit or the house price. The real estate industry is the pillar industry of our national economy, and the healthy development of the real estate industry has an important influence on the national economy. The protection of the private property of the citizen is consistent with the legal purpose of our country, that is, the right of the citizen's residence is protected, so that the basic human rights of the citizen are guaranteed. The pre-sale system of the commercial house in China started in 1994, the Urban Real Estate Administration Law of the People's Republic of China, which aims to reduce the enterprise's capital threshold and promote the development and sale of the real estate. In order to strengthen the regulation and management of the pre-sale operation of the commercial house, the Standing Committee of the National People's Congress promulgated the Urban Real Estate Administration Law of the People's Republic of China. The State Council has issued the Regulations on the Administration of Urban Real Estate Development and Management. The State Ministry of Construction has also issued the Measures for the Pre-sale of the Commodity House of the City, etc., and preliminarily established the pre-sale legal system of the commercial house in China. The regulation and management of the real estate market, especially the commodity house market, has not been lax. However, the pre-sale system has played a positive role in the prosperity and development of the real estate market in China for several decades, and also produced a lot of questions The author thinks that the appearance of these problems is not in the pre-sale itself, but at present, the laws and regulations of our country are not perfect, and there is no reasonable and strict regulation on the real estate enterprises, and the special protection mechanism is not established for the vulnerable groups, that is, the purchaser, and the information disclosure system is not healthy. The failure of asset management is the key to this phenomenon. In this paper, the advantages and disadvantages of the pre-sale system of the commercial house are discussed in the light of some foreign practice and the development of the real estate market under the current economic conditions in combination with the national conditions and the current economic conditions. The reason and effect of the pre-sale system of the commercial house are analyzed, and some suggestions are put forward. Application. This article includes the following four Part 1: The first part is the commercial house The theory of pre-sale of the commercial house is introduced in this part. The meaning, nature and implementation condition of the pre-sale system of the commercial house are introduced in this part. The second part is the foreign commercial house The development and present situation of the pre-sale system in the United States, Japan and Germany are introduced, and their experience is summarized. the place to be used for reference. The third part is the pre-sale of the commercial house in China The main part of this department is to explain the origin and development of the pre-sale system in Hong Kong, to analyze the influence of the mainland, and to point out some problems in the development of the pre-sale system of the commercial house in the mainland. The defect in the system and the law. The fourth part is to perfect me. The suggestions on the pre-sale system of the commercial house of the State are given in detail from the market access and the exit mechanism, the supervision of the pre-sale funds, the protection of the pre-buyers, the opening of the network information inquiry system and the reference of the punitive compensation mechanism.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29
【参考文献】
相关期刊论文 前2条
1 李开发;;中美商品房预售制度比较——探寻我国预售制度改进的方向[J];城市开发;2007年14期
2 吴迪;;我国商品房预售款监管模式法律分析[J];法制与社会;2012年25期
本文编号：2439585
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