论房地产三级市

发布时间：2019-04-25 12:26

【摘要】：20世纪90年代以来,我国房地产市场有了突飞猛进的发展。当前,我国房地产市场分为以下三种市场级别：其一,房地产一级市场,系由国家垄断的土地使用权出让市场；其二,房地产二级市场,是指通过土地使用者的开发建设,将新建成的房地产进行出售和出租的市场；其三,房地产三级市场,是购买房地产的单位和个人,再次将房地产转让或租赁的市场,其又称存量房地产市场。在“购房热”的背景下,房屋买卖纠纷涉讼案件居高不下,二手房纠纷也呈上升趋势,“一房二卖”是房地产三级市场常见的纠纷之一。长期以来,我国法律法规侧重于对二级市场主体行为的规范,而忽略了三级市场,对于三级市场“一房二卖”问题存在立法空白。本文从典型案例切入,结合相关立法,分析房地产三级市场“一房二卖”的法律性质、争议房屋产权归属和合同效力,通过对已有相关立法的评析,得出三级市场“一房二卖”归责的思路,最后对我国相关立法和法律规制措施的完善提出自己的若干建议。本文除引言和结语外,其主体部分主要内容如下：第一部分：房地产三级市场“一房二卖”概述。本部分首先通过相关概念的比较辨析,界定三级市场“一房二卖”的具体概念并归纳出房地产三级市场和二级市场的区别,然后剖析了三级市场“一房二卖”所涉及相关法理,最后再探讨三级市场“一房二卖”所带来的负面影响。第二部分：我国房地产三级市场“一房二卖”法律规制之现状与缺陷。本部分扼要梳理了我国房地产立法概况和三级市场“一房二卖”法律规制空白的现状,通过司法实践中的具体案例,对《关于审理商品房买卖合同纠纷案件适用法律若干问题解释》相关规定进行剖析,同时对我国《消费者权益保护法》第49条进行详尽分析,得出了三级市场“一房二卖”的归责思路。第三部分：我国房地产三级市场“一房二卖”法律规制的完善。这一部分在立法层面上从具体方面提出了若干建议,包括全面提升法律位阶与明确主体性质和责任分配、完善登记制度等,旨在完善我国三级市场“一房二卖”法律规制体系。
[Abstract]:Since 1990s, China's real estate market has developed by leaps and bounds. At present, the real estate market of our country is divided into the following three kinds of market levels: first, the real estate first-class market, is the land use right assignment market which is monopolized by the state; Second, the secondary market of real estate refers to the market of selling and renting the newly built real estate through the development and construction of land users; Third, the real estate market, is the purchase of real estate units and individuals, once again the real estate transfer or leasing market, which is also known as the stock real estate market. Under the background of "house buying fever", the disputes of housing sale and purchase are high, and the disputes of second-hand housing are also on the rise. "one-bedroom and two-sale" is one of the common disputes in the third-class real estate market. For a long time, China's laws and regulations have focused on the regulation of the behavior of the main body of the secondary market, while neglecting the tertiary market. There is a legislative blank for the problem of "one house, two sales" in the tertiary market. This article from the typical case, combined with the relevant legislation, analyzes the real estate tertiary market "one house, two sales" legal nature, the ownership of disputed housing property rights and the effectiveness of the contract, through the analysis of the existing relevant legislation, Finally, the author puts forward some suggestions on how to perfect the relevant legislation and legal regulation measures in our country. In addition to the introduction and conclusion, the main content of this article is as follows: the first part: the real estate market "one house, two sales" overview. This part firstly defines the specific concept of "one Housing and two Sale" in the tertiary market by comparing and discriminating the related concepts, and sums up the difference between the real estate tertiary market and the secondary market, and then analyzes the relevant legal principles involved in the "one housing and two selling" market in the tertiary market. Finally, this paper discusses the negative impact of "one Housing and two Sale" in the tertiary market. The second part: the present situation and defect of the legal regulation of "one Housing and two Sale" in the real estate market of our country. This part briefly combs the current situation of the legislation of real estate in our country and the blank legal regulation of "one bedroom and two selling" in the tertiary market, and through the concrete cases in the judicial practice, This paper analyzes the relevant provisions of the interpretation of the applicable Law on the hearing of disputes concerning the contract of Sale and purchase of Commercial Housing, and at the same time makes a detailed analysis of Article 49 of the Law on the Protection of consumers' Rights and interests, Came to the third-level market "one bedroom and two sales" imputation thinking. The third part: the perfection of the legal regulation of "one Housing and two Sale" in the real estate market of our country. At the legislative level, this part puts forward some suggestions from specific aspects, including the overall promotion of the legal rank and the clear distribution of subject nature and responsibility, the improvement of the registration system and so on, in order to perfect the legal regulation system of "one house, two sales" in the tertiary market of our country.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29

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