The Issue Of Punitive Compensation For Commercial Housing Sales Fraud

In recent years,the commercial housing sales market has been in trouble for a while,and sales frauds are often reported in newspapers.The main manifestations are false propaganda,selling per room,incomplete "five certificates",area fraud,price fraud,quality fraud,etc.my country initially applied the provisions of triple punitive damages in the "Consumer Rights Protection Law" to regulate it.Since the Supreme Law’s "Judicial Interpretation of Commercial Housing Sales Contracts"(referred to as "Interpretations")was promulgated,judicial practice only refers to the "Interpretations" and excludes the application of the "Clearance".The main point of view is that commercial housing is not a "commodity",and buyers are not "consumers." The "Interpretation" only applies punitive damages of less than one time of the paid purchase price to six specific situations,which cannot meet the endless fraud in the field of commercial housing sales.The new "Commercial Housing Sales Contract Judicial Interpretation" will apply penalties to fraud in commercial housing sales.The provisions on sexual compensation are directly deleted.The liability for breach of contract and the liability for negligence in contracting under the current laws belong to the provisions of compensatory compensation,which cannot deter developers’ fraudulent activities.Through sorting out the judicial precedents on the application of punitive damages for commercial housing sales fraud,summarize and summarize the conditions for the application of punitive damages for commercial housing sales fraud,and analyze this.Combining with the legal provisions in the Consumer Rights Protection Law and the application of punitive damages in other departmental laws and its own functions,this article discusses the conditions for the application of the“Consumer Law” for fraud in commercial housing sales.The prerequisite for application should be "fraud" as the prerequisite,but not "damage" as the prerequisite.The determination of "fraud" should not simply apply the determination of "fraud" in the civil law,but focuses on the punishment of breaching the duty of notification of the operator.The application of "Consumer Law" does not take "damage" as a prerequisite.The word "damage" mentioned in "Consumer Law" is more out of the right to know consumers,meaning that it is an infringement of freedom rather than compensation.Sexual compensation as a prerequisite for application.In addition,the calculation of punitive damages in the "Consumer Law" adopts a fixed model,that is,three times the price of the purchased goods or services or twice the loss suffered by the victim in the event of death or health damage to others.This provision does not take into account the perpetrator’s subjective malice,the operator’s profitability,the operator’s property status,and the degree of social influence.Although it is simpler to operate,the actual situation is complex and changeable and cannot guarantee substantial fairness and justice.Finally,when applying punitive damages for commercial housing sales fraud,sometimes it is necessary to bear liability for breach of contract,liability for contract negligence,liability for tort,administrative liability,and even criminal liability.As an independent system in economic law,punitive damages can be applied to the field of breach of contract and tort.Its application does not presuppose other responsibilities,nor should it be excluded from the assumption of other responsibilities.Application of punitive damages.After drawing on the experience of applying extraterritorial punitive damages and combining with the actual situation of our country,it is suggested that the "Consumer Law" should be applied as a general clause of commercial housing sales fraud.Buyers who meet the purpose of living consumption are the subject of application.Secondly,formulate special laws on the sale of commercial houses to include the serious and frequent occurrences of commercial house fraud,and make special legislation for the high prices of commercial houses and the difficulty of proof.In the determination of fraud,the burden of proof shall be allocated reasonably,and the degree of proof shall be highly probabilistic rather than excluding reasonable doubt,so as to reduce the burden of proof for buyers.The calculation of punitive damages adopts a flexible model,sets the upper and lower limits of punitive damages,refines the amount of punitive damages,and refers to the profit of the operator,the loss of the purchaser,the degree of social impact,and the comprehensive consideration of the operator’s property situation,which is scientific and reasonable To better protect the rights and interests of home buyers,improve the punitive compensation system,and promote the healthy and orderly development of the commercial housing market.