| Punitive damages refers to the offender has undertaken the compensatorydamages，and the court orders the perpetrators to pay additional monetary compensationto the victims，so it has punishment，prevention and compensation functions. Thissystem of punitive damages originated in Anglo-American law and has been usedwidely，and its booming trend also has an impact on the civil law countries. And Chinahas been acknowledged that punitive compensation in legislation，the scope of itsapplication in the field of civil and economic law. In2003, the system of punitivedamages is applied to the sale of real estate disputes in China, and this helps protect thelegitimate rights and interests of buyers. But there are many problems in the legislativeand judicial practice：Can the Consumer Protection Act as it applies to the legal basis；The division of the burden of proof is unreasonable；The scope of application is toonarrow；The amount of compensation is too large for flexible，etc. These make thefunction of punitive damages can not be effectively Therefore, there is the need forpunitive damages in the sale of real estate applies to defects continue to be perfected. |
PDF Full Text Request