Research On The Real Estate Transactions In The Issue Of Punitive Damages

The Punitive Damages System in modern sense was originated from the common law system, which has developed for more than two hundred years and now has been one of the most important system of legal responsibility, However, the countries and regions of the civil law system have generally taken the attitude of boycott and confrontation to the Punitive Damages System. It is mostly because that the traditional civil law system strictly adheres to the division about public and private laws, and claims that damages should be followed to the principle of Filling the Loss and Homogeneous Relief. The introduction of the Punitive Damages System will pose a threat to the entire legal systems with no doubt. The Punitive Damages System has been introduced to China's single norms, but it has long been in the controversial for China's traditional legislation has long been affected by the civil law system.In 1993, China formulated the Consumer Protection Law, and the Punitive Damages System was first introduced in the substantive law. In 2003, the Supreme Court promulgated the Interpretation about the Real Estate Contract Dispute on the Trial Case, in which Article 8, 9, 14 and so forth stipulates the Punitive Damages System, and it's the first time to introduce it into the procession about the real estate contract dispute. This is a breakthrough in China's legislation, And after the introduction of the Interpretation, a large number of widespread debate has been risen in theory and practice, such as weather the real estate belongs to goods , weather the buyer of the real estate is consumer, and what's the relationship between the Interpretation and the Consumer Law, etc. To address the above issues, this article begins with four parts to discuss it. And the author hopes to solve these problems to a certain extent.The first part, its topic is about the overview of the Punitive Damages System. And then presents the System's main feature, nature principle, basic function, history and so on. The author emphasizes the primary function of the System is about the punishment and curbing of illegal, and the System regards the faulty liability as its responsibility principle, which is consistent with the nature of economic law responsibility.The second part. It deeply describes about the necessity and feasibility of introducing the Punitive Damages System into China's real estate transaction, On the one hand, it's necessary to introduce it at this stage, on the other hand, it focuses on ways of overcoming and solving the current difficulties which exists in theory and practice.The third part. It profoundly analyzes the specific legislative provision about the Punitive Damages System in China's real estate transaction. On the one hand it affirms the positive effect of China's legislation, on the other hand, it points out that there are a large number of deficiencies and shortcoming in legislation.The fourth part. It proposes the reconstruction and perfection about the Punitive Damages System in China's real estate transaction, And then it gives the author's specific recommendations which is based on the current academic thoughts. This part conceives a sharing mechanism based on the victim and the community, which is established on the attribution of the damages.