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房地产市场蓬勃发展,但房地产开发企业误导、欺诈、违约等行为层出不穷,投诉与诉讼数量众多,但因《消法》未将商品房列入其调整范围,使消费者不能有效地维护自身的合法权益。立法背景、商品房的特殊性及公平性等是《消法》未将商品房列入调整范围的主要原因。但从《消法》的立法宗旨、所调整的法律主体的性质上以及从商品房的属性上来看,应把商品房列入消法调整范围,才能有更加有效地维护消费者的合法权益。
The real estate market is booming. However, real estate developers mislead, cheat and breach of contract endlessly. There are numerous complaints and litigations, but consumers can not effectively safeguard their legitimate rights and interests because “consumer law” is not included in the scope of adjustment. . The legislative background, the particularity and fairness of commercial housing are the main reasons why Consumer Law does not include commercial housing in the scope of adjustment. However, in view of the legislative purpose of “eliminating law”, the nature of the legal body to be adjusted and the property of commercial housing, it is necessary to include commercial housing in the scope of adjustment of consumer law so that the legitimate rights and interests of consumers can be more effectively protected.