我国住房消费信贷中消费者保护法律制度

【Abstract】wWw.shuoshilunwen.com Before 1990s, the housing-consumption credit business in China was basically in blank, only several cities carried out the pilot programs of reform in housing reform. However, the credit line for personal housing-consumption was quite very all. In 1990s, China began to implement the reform of housing system. The cancellation of physical housing distribution, increasing growth in urban residents’income as well as the urbanization contributed to the dramatic growth of urban residents’demands for housing loans.However, with the prosperity of China’s personal housing-consumption credit market, disputes over various housing-consumption of financial transactions occurred frequently in judicial practice, and a great many of judicial cases were ended with consumer losing which brought a huge threat to consumers’legitimate rights and interest. Consequently, from the standpoint of consumer protection, no matter in academic theory or judicial practice, it is of great significance to rationalize the legal structure of consumption credit transaction and collate the legal issues unique to the consumer-finance transaction, so as to guarantee consumers’legitimate rights and interests on the level of legal system.In theoretical analysis section, this paper establishes the basic theoretic analysis framework for the fundamental structure of housing-consumption credit transaction and the nature of transaction subject, emphasizing discussions on installment transaction, retention of ownership, demands on contract format, expression of trade transaction terms as well as breakthroughs in consumer’exercise of defense right of privity of contract; in the case analysis section, the paper collates the legal issues concerning damages of consumers’legitimate rights and interest in current housing-consumption credit in China, mainly concentrating on pre-selling without license, pledging after pre-selling, one house sold to more than one consumer and installment payment, and analyzes legal structure of corresponding judicial cases respectively and puts forward relevant legislative proposals. By the combination of theoretical and practical case analysis, this paper further discusses the feasibility of learning and transplanting the pertinent systems applied in foreign mature market, and finally, comes up the tentative idea about improving the legal system of China’s housing-consumption credit.