商品房预售制度的存废是学界讨论的热点问题,支持保留的学者从其有利于房地产市场发展着眼;反对意见认为它仅仅有利于开发商,而不利于购房人,且容易引发纠纷。本文从商品房预售制度的来源、概念着手,分析了存废双方的观点,认为商品房预售制度应予保留,并提出了改进措施。 The preemption of commercial housing pre-sale system is a hot topic discussed in academia. Scholars who support reservation hold their eyes on the development of the real estate market. Opposing opinions think it is only beneficial to developers and not conducive to buyers, and it is easy to cause disputes. This article starts from the source and concept of the pre-sale system of commercial housing, analyzes the viewpoints of both the existent and the scrap, holds that the pre-sale system of commercial housing should be preserved and put forward the improvement measures.