重构商品房预售制度的探讨

期房买卖的特殊风险起因于作为标的物的商品房的不确定性。在目前房地产纠纷案件中,商品房预售合同纠纷占有相当大的比例。商品房预售制度相对于融资成本高、资金周转期长的现房销售模式,仍有其存在的必要性。为使楼市能保持健康发展,现行预售制度应该重新架构:加强实名制购房管理,在预售中限制商业炒作;建立房屋预售的市场准入制度、信用制度及风险基金;建立商品房预售资金的监管制度。

A Study of Reconstruction of the System of Preselling Commodity Houses

Commodity houses as underlying commodity are sold in advance of construction,which is the cause of the special risk in preselling.In the present real estate dispute cases,the dispute about contract of preselling commodity houses occupies considerable proportion.It is still necessary to retain the system of preselling commodity houses because the sale model of completed apartments has the problem of long fund turnover and high costs of financing.In order to maintain a sound development of real estate market,the present system of preselling commodity houses should be reconstructed like this:to strengthen the management of the purchasing system of real name and limit commercial speculation in preselling;to set up the system of market access,credit system and risk fund;and to set up the supervision system of preselling capital.