随着房地产市场不断发展,相关房地产法律法规的不健全已经成为商品房买卖问题不断突出的诱因。目前,商品房买卖中的焦点问题是认购书的定金问题。处理这一问题应立足于现实,从学理上明确认购书中定金的性质,明晰定金在商品房买卖中存在的问题,并应倾向于对弱者的保护,逐步用法律规范去完善我国的商品房买卖。 With the continuous development of the real estate market, the unsound laws and regulations related to real estate have become the prominent causes of the commercial real estate sales. At present, the focus of commercial housing transactions is the issue of subscription money deposit. Deal with this problem should be based on the reality, from the theoretical clear the nature of subscription book deposit, the clear deposit in the sale of real estate problems, and should be inclined to the protection of the weak, and gradually use the legal norms to improve our commercial housing sales.