商品房预售制度作为一种新兴的房屋销售制度,正成为众多房地产开发企业竞相采用的售房模式。然而由于我国房地产业起步晚,兴起快,许多相应的法律、法规尚不健全,因此产生了许多新的法律问题.本文针对商品房预售合同中双方利益不平衡的现状及原因做一理性的思考,并提出平衡预售双方利益的制度性措施。 As a new system of housing sales, the pre-sale system of commercial housing is becoming the mode of selling rooms that many real estate development companies are competing to adopt. However, due to the late start of real estate industry in our country and its rapid rise, many corresponding laws and regulations are not perfect yet, so many new legal issues have arisen.In this paper, a rational consideration is given to the status quo and reasons for the unbalanced interest between commercial real estate contracts , And put forward the balance of pre-sale interests of both institutional measures.