汶川地震灾后被毁损的预售商品房的法律问题研究

汶川地震中被毁损的预售商品房面临着国家的救助、合同的变更、责任的承担等法律问题。在地震中预售商品房毁损的责任承担应当根据相关责任人的过错合理归责。商品房预售合同的有效性界定、解除及其后果，要依据重建政策依法处置。此外，要健全国家救助制度，完善地震保险等风险转移机制。

Study on the Legal Problem of Pre-Sale House Damaged after Wenchuan Earthquake

Some pre-sale house were damaged or broken during Wenehuan earthquake, which aroused some problems as contract alteration, liability assuming, state salvation and so on. The liability assuming of pre-sale house damaged or broken should be disposed on the basis of correlation parties＇ faults. The validity judging and releasing pre-sale House contract and their aftermath will be disposed according to the law and post-earthquake policy. It is also necessary to constitute a system of state salvation and consummate a system of venture diversion during earthquake.