The System Of Punitive Damages In The Commercial Housing Sale Research In China

Punitive damages is a originated in common law legal system, since the last century 60 s.At the beginning, is controversial. Yet all the criticism and discussion didn’t stop its booming, and the system Degree of development, has a far-reaching influence on the continental law system. In the legislative level to the punitive compensation system for the first time in our country. Degree of regulation is the consumers’ rights and interests protection act in 1993(hereinafter referred to as the "elimination") of article 49,The terms and conditions in the history of the development of punitive damages system in China has the milestone significance.Later, with the rapid development of real estate industry, the supreme people’s court on April 28, 2003 The on trial commercial housing sales contract disputes explain some issues of applicable law(hereinafter referred to as "business Product sales contract interpretation "), the explanation, has received the widespread attention from all walks of life. Explanation in a certain Extent solved many disputes in the field of commercial housing sales contract, safeguard the legitimate rights and interests of the parties, To promote the harmonious development of the commercial housing market. But because of the complexity of the punitive damages system itself, the room Exist in the real estate market’s particularity and explain some of the relevant legal basis, applicable scope, compensation Problems such as gold, make the punitive compensation system in our country, the application of the commercial housing sale in there are still some problems.As on March 15, 2014 began to implement the "consumer rights and interests protects a law" about punitive damages. The new rules, the author started the specific apply of punitive damages in the commercial housing sale and existing problems of a new thinking. Commercial housing sale of punitive damages in practice should follow new "elimination" dispatch compensation amount to three times? If practice also to three times the amount and its theoretical basis and where is it? With these problems, the author studied the system of punitive damages in the commercial housing sale. The author tried to stand in the punitive compensation system both at home and abroad on the basis of basic theory, from the present situation of the punitive damages in our country shall be applicable to the commercial housing sale, in domestic legislation and practice of the present problems in put forward its own views, and the punitive damages in the commercial housing sale shall be applicable to the specific put forward Suggestions to improve it. Hope can take this to our country the development of the system of punitive damages in the field of commercial housing sales contract, failing to render a little.