Scholars say the time has come to cancel the sale of commercial housing

Lack of supervision over the quality of housing the sale of the system to enlarge the risk of Shanghai inverted Lou incident refraction real estate industry impetuous atmosphere I bought a house of reliable quality?　　Such questions are seen everywhere after the collapse of the Shanghai building. "If the construction is built according to the national standard, the quality of the House should be no problem."　　An official of the Ministry of Housing and Urban and rural Construction said in an interview with the Chinese Youth Daily.　　What makes people uneasy is that what residential buildings are built in strict accordance with the national standard construction, ordinary people can not recognize. "Shanghai building collapse incident seems to be accidental, actually reflects the whole real estate industry impetuous, everyone is concerned about the king, Lou Wang, are concerned about the price, almost no one to pay attention to the quality of the house itself."　　"I love my family." The construction quality problem should have aroused social concern long ago, "said Hu Jinghui, vice president of real estate brokerage company Holding company.　　Who is responsible for the housing safety of the buyers? Open the "General principles of Civil architecture Design", the durability of the building has a clear stipulation.　　Among them, important buildings and high-rise buildings, the durability of the building for more than 100 years, the general building durability of 50-100 years, the secondary building durability of 25-50 years, temporary construction of the durable life of less than 15 years. As an ordinary commercial housing, the state stipulated the durability of 50-100 years, and Europe and the United States almost.　　But Hu Jinghui said that over the years, with the rapid development of the real estate market, prices have become the only hot spot of social concern, almost no one to pay attention to the house itself.　　As the company's business has second-hand housing transactions, Hu Jinghui found that some quality problems in the second-hand housing after the start of the gradual emergence of, for example, wall cracking, pipeline problems, etc., this is still a small problem, some second-hand housing even in the building structure are beginning to problem. Let Hu Jinghui impressive is the early housing, fetch room, "some of the poor quality of the amazing, the wall is simply newspaper, sawdust."　　"Not only to fetch the room has the question, some commercial housing is also the problem, the new house leaks, the ground collapses, uses the bamboo to replace the steel bar and so on strange house quality question unceasingly appears in the media report."　　At the end of 2006, Zhifeng, Vice Minister of the Ministry of Construction, had mentioned at a conference that the life of our house was too short, on average only about 30 years.　　The short life span of the city is not only the reason of urban planning demolition, but also the reason of shoddy and poor quality.　　In our country, the construction of housing must undergo exploration, design, construction, supervision, completion and acceptance of the links, each link has a clear standard requirements, however, some of the irregular building can be through a lot of tests to finally enter the market. "The quality of the building is due to lack of supervision. "Chu Baochang, director of Beijing Hui Jia law firm, said in the case of building qualification, on the surface, almost all the construction companies have relevant qualifications, but some projects may be divided into several small projects, some unqualified companies linked in the qualified companies, the real workers lack of professional skills, technical staff for economic benefits, may also be open to quality problemsOne eye closed one eye, how can not the problem? The link of engineering supervision is also a link which is difficult to control in Chu Baochang eye. From the view of the contract of construction project supervision, if the supervisor does not inspect the items that should be supervised and inspected or does not inspect or cause losses to the client due to the negligence of work, he shall bear the corresponding liability and pay compensation. However, the contract also stipulates that the cumulative amount of compensation does not exceed the total amount of fees charged by the supervisor. "Such a requirement is unlikely to deter the supervision company.　　"Chu Baochang said.　　In addition, the completion of the acceptance is also difficult to rest assured.　　Hu Jinghui A few years ago participated in a related department of housing completion acceptance meeting, at this meeting he found that the state's existing audit, acceptance staff is simply not enough to cope with the completion of new building acceptance. "Acceptance standards are not up to the development, some new technology, technology in the completion of the acceptance criteria are not found at all."　　"Hu Jinghui said.　　Before 2000, China's new residential building acceptance of the completion of the issue of construction quality certification system, April 7, 2000, the original Ministry of Construction issued "housing construction projects and municipal infrastructure projects completed the completion of the record management interim measures", with the completion of the filing system replaced the original quality certification system. At that time, the official said that the implementation of the completion of the filing system is designed to meet the needs of the construction market development, a clear distinction between the government and the enterprise in quality management of the behavior limits, the construction and development, survey and design, construction production, engineering supervision as the market main body of the quality responsibility,　　The building is sold to the consumer.　　However, the completion of the filing system in many people's eyes, in fact, is the design, development, construction, supervision of the Quartet to the relevant departments to provide all kinds of information developed buildings. "The domestic completion of the acceptance system is not representative of the House buyers, but on behalf of the competent department to carry out industry management."　　"Hu Jinghui said that in foreign countries, home buyers in the purchase of housing, the general will have a professional surveyor to carry out the quality of housing inspection, and the lack of such a third party supervision institutions in China." "Shanghai building collapse incident sounded the alarm, suggesting that we have to put safety issues in the top priority, if even this can not be done, buying a house is not a disaster?"　　"said Chen Kwok-keung, director of the Beijing Institute of Real Estate. Pre-sale system defects enlarge the risk of home purchase housing quality and safety people do not trust, the risk of buying a house also makes people nervous. Just after the collapse of the Shanghai building, many owners have faced embarrassment.　　Such a building to live in, no guts, to check out, the cost of protection is too high. "Developers registered capital of only 8 million yuan, even if the developers willing to readily refund, the ability to return?" "Liu Junhai, director of the Institute of Business Law of Renmin University of China, vice President of Chinese Consumer Association, said," If it is not a pre-sale system, buyers can completely avoid such a large risk. "　　If the house is built after the housing to buy, see the House of various circumstances, can avoid the risk. Cancel the presale system to become some academics to mention againTopic. The 1994 commercial housing sales system was originally to open the domestic commercial housing market, to solve the financial problems of developers to promote the development of the real estate market.　　With well-known scholar Yixianrong words, China's This system is a unilateral risk-bearing mechanism, more is to consider the interests of real estate developers, to guard against the risk of real estate developers, and less to consider the risk of buying housing residents and commercial banks, become developers empty gloves White Wolf important tool.　　Since 2000, China's real estate market began to rise gradually, the pre-sale system exposed risks began to appear.　　2005, the People's Bank issued "2004 China Real Estate Finance report" proposed to abolish the pre-sale system of commercial housing, the reason is "many market risk and transaction issues are originated from the pre-sale system of commercial housing."　　The proposal was quickly rejected by the original Ministry of Construction Press spokesperson dismissed as "not cautious", "and the State Council policy is inconsistent", and put forward the pre-sale system is not canceled. In fact, the pre-sale system is not China's original, the United States has such a system.　　But in the concrete operation, our country and foreign countries are obviously different. Shihan, a prominent financial commentator, wrote in his blog that in the United States, the so-called pre-sale is actually only a developer before the completion of the promotion and purchase intent Agreement, is not the real meaning of sales, buyers and sellers just according to the intention to sign "commercial housing reservation agreement." Under US law, in this case, the developer may require the buyer to pay a certain amount of deposit, but this part of the deposit is not directly to the developer, but by a third party to custody, the third party, including legally licensed law firms, real estate brokerage companies, insurance companies, Government departments and so on that can provide guarantee services.　　Moreover, if the buyer changes the willingness to purchase, this part of the deposit held by the third party must return unconditionally.　　But in China, the housing pre-sale is all attributed to the real estate developers account; for housing settlement, in other countries have to have a strict third party to check, but China is real estate developers and owners of the handover. "Pre-sale system to maximize the protection of the interests of developers, and damage the interests of home buyers, and some developers even with pre-sale money absconded." The pre-sale system is one of the root causes of the abnormal rise in house prices and poor housing quality in China.　　Shihan said, because the developers have been through pre-sale to recover the investment, to obtain profits, they have lost the power to improve the quality of the house.　　In Chu Baochang view, China's real estate market after so many years of development, has accumulated, the pre-sale system of this transitional policy has lost the meaning of the existence of more and more hidden dangers, to the time of cancellation. "Pre-sale system is a specific condition, the product of a specific environment, is a transitional policy, the future consumers will buy a house should be existing homes, fine decorated houses, and not now so the house is not covered up from the bank loans out, the money to the developers."　　"The pre-sale system must exit the stage," said Chen Kwok-keung, director of the Beijing Institute of Real Estate Research. NewspaperBEIJING, July 1