认购书是广泛存在于商品房买卖中的一种文书,是商品房买卖合同双方当事人在签署预售合同和买卖合同之前所签订的文书,是对双方交易房屋有关事宜的初步确认。由于认购书独特的法律地位和对双方权利义务不甚清晰的规定,由认购书及其中定金所引起的纠纷正日渐增多,认购书的性质、效力以及由此产生的违约责任已成为人民法院亟须解决的实务问题。 The subscription book is a kind of instrument that exists widely in the sale and purchase of commercial houses. It is an instrument signed by both parties before the contract of sale and sale and purchase. It is the initial confirmation of the matters concerning the transaction between the houses. Due to the unique legal status of subscription books and the unclear rights and obligations of both parties, the disputes arising from the subscription books and the deposit therein are increasingly increasing. The nature and effectiveness of the subscription books and the resulting liability for breach of contract have become the urgent needs of people’s courts Practical issues to be solved.