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商品房预售制度是世界房地产市场的通用制度,我国自引入以来其在促进房地产业发展和房地产市场繁荣方面发挥了重大作用。但不可否认的是,商品房预售也存在着很多问题,尤其是给承购人和银行带来了风险,究其原因不在这个制度本身,而在于房地产产业的许多相关配套机制不健全,如没有完善的信息披露制度、预收款监管不力、风险分担机制不平衡等。我们应当在完善商品房预售制度的同时完善相关制度,建立良好的信息披露制度和预收款监管制度,完善房地产市场的准入与退出机制,强化开发企业的违约责任,切实发挥预告登记的作用,从整体发挥商品房预售制度的优势。
The pre-sale system of commercial housing is a common system in the world real estate market. Since its introduction, China has played an important role in promoting the development of the real estate industry and the prosperity of the real estate market. However, it is undeniable that many problems exist in the pre-sale of commercial housing. In particular, the risks posed to the purchaser and the banks are not due to the system itself, but rather to the many inadequate supporting mechanisms in the real estate industry. If there is no such mechanism, Improve the information disclosure system, poor supervision of advance payment, risk sharing mechanism imbalance. We should improve the relevant system while perfecting the pre-sale system of commercial housing, establish a sound information disclosure system and pre-collection regulatory system, improve the access and exit mechanism for the real estate market, strengthen the responsibility of developing enterprises for breach of contract, effectively bring into play the role of advance notice registration, Take advantage of the pre-sale system of commercial housing as a whole.