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商品房预售制度对于培育我国房地产市场,推动房地产业的发展确实起到了重要的历史性作用。但同时我们也看到,由于相关制度的缺失、法规订立的不足以及市场的欠成熟,这项制度引发了一系列复杂的问题。房地产预售制度起源于上个世纪50年代中期的香港,其设立的基础是香港完善的律师和公示制度,以及行业的成熟规范管理。我国大陆从上个世纪90年代初引入该项制度,其目的是要在开发商与购房者之间提供一种融资功能,吸引民众的多样化参与,降低房地产开发资金的进入门槛,从而扩充和完善房地产市场的容量和层次;另外,从购房者的角度来说,则是希望藉此锁定价格,以消除对不确定购房价格前景的担忧。1994年,全国立法推出商品房预售制度,但只是做了一般性的规定,这些年来,主要是由各地方政府制订相关的法规对
The pre-sale system of commercial housing has indeed played an important historical role in nurturing China’s real estate market and promoting the development of the real estate industry. At the same time, however, we also see that this system has triggered a series of complicated issues due to the lack of related systems, the inadequate establishment of laws and the lack of market maturity. The pre-sale system of real estate originated in Hong Kong in the mid-1950s. Its establishment was based on the well-established lawyer and publicity system in Hong Kong and the mature and standardized management of the industry. The mainland China introduced this system from the early 1990s. Its purpose is to provide a financing function between developers and homebuyers, to attract diversified participation of the public, and to reduce the entry threshold of funds for real estate development so as to expand and Improve the capacity and level of the real estate market; In addition, from the perspective of home buyers, is hoping to lock the price, to eliminate the uncertainty of the prospect of housing prices concerns. In 1994, the national legislation introduced the pre-sale system for commercial housing but only made general provisions. Over the years, it has mainly been formulated by relevant local governments