| The number of real estate disputes accepted by People’s court soared in recentyears.These disputes are know as,especially selling same house to two different buyers, hidingthe information that the house is mortgaged on purposely, and presell without permit and soon. The explanations for laws about commodity house buying and selling contractdisputes(be called ELCH for short), which is taken by The Supreme People’s Court sinceJune1,2003, adopts compensation institutions as punishment for the commodity dealingcontracts disputes for the first time. It also formulates6methods of cheating sell and thecompensation measurement.However, the regulation fixed in the LECH that compensationshould be no more than1time of house purchasing payment is too inflexible andcomprehensive. Courts in different places have different understanding and judgment.Somejudges judge optionally damage the authority and credibility of justice.Therefor,there is notime to delay to unify the measurement of compensation for commodity house cheating sell，limit the excessive judgment power of judges and make up the shortage of the LECH. Thisthesis is based on the case of commodity house buying and selling contract disputes betweena Xia and a Chongqing real estate development limited cooperation.It analyzes the currentdifferences of amount of compensation in different courts from place to place. Compensationjudged in the similar cases are analyzed as well in this thesis in order to explore a suitableway to define amount of compensation.It makes suggestions based on real evidence forattracting more attention of theorists and judicial practice. If wilder attention and discussionsand deeper research can be raised, it would helps a lot in the judgment of the future judicial. |
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