| In China,the introduction of the "punitive compensation" system in commercial housing sales contract disputes takes a relatively short time,and the legislation related to the "punitive compensation" system in this field is not sufficiently connected,and even contradicts the application of the law When courts resolve such disputes,they often encounter difficulties in choosing and applying the law.In order to improve this dilemma,it is extremely urgent to study the legal application of the "punitive compensation" system in commercial house sales contract disputes.This article adopts a research method that combines empirical research and case analysis.In terms of time,the "Judicial Interpretation of Commercial Housing Sale" on June 1,2003 and the "Consumer Rights and Interests Protection Law" on March15,2014 were revised as time nodes to select case samples.Compare the cases applying the "Double Compensation" provisions of the "Consumer Rights Protection Law" of 1993 with the cases of applying the "punitive compensation" system of the "Judicial Interpretation of Commercial Housing Sale" promulgated by the 2003 Supreme Law,and compare and analyze the two Applicable differences,advantages and disadvantages;afterwards,an analysis of the newly revised case of the 2014 Consumer Rights Protection Law was conducted to examine whether the "punitive compensation" system in the "Judicial Interpretation of Commercial Housing Sale" really resolved the justice Problems in practice.At the regional level,Shandong Province was selected as the selection scope of the case sample.Through a case study of the judgment on the application of the law of the "punitive compensation" system in commercial housing sales contract disputes,the current problems in the application of the law in this field are analyzed,including but not limited to: "Consumer Rights Protection Law" and "Commercial Housing Protection Law" The Judicial Interpretation of Sale and Purchase has contradictions in the application of the law source.As the earliest domestic law that stipulates the "punitive compensation" system,the Consumer Protection Law has encountered the "cold house" in the disputes of commercial house sales;3.Real estate developers sell malicious houses and other malicious frauds without "pre-sale permits".The problem of "category cases are not judged" is outstanding,which seriously damages the authority of the judiciary.In addition,the "Judicial Interpretation of Commercial House Sales" The "punitive compensation" rule itself is unreasonable.Combining the above issues,this article starts from the relevant jurisprudence,legislative provisions and judicial practice judgment data,analyzes the issues and proposes a reasonable system construction and law application method,for the development of the "punitive compensation" system in the field of commercial housing and the protection of the legitimate rights and interests of the parties Provide solutions. |
