商品房买卖中的惩罚性赔偿制度研究-法律专业论文.docxVIP

AbstractEnacted Abstract Enacted in 1 993，”Consumer rights and interests Protection Law”was first applied to the system，but what truly introduced punitive damage compensation system into the sale of real estate disputes system is”Interpretation about the Real Estate Contract Dispute the Trial Case”，which was promulgated by Supreme People’S Court in 2003．However，with the rapid development of Chinas real estate market,new problems arise more and more in the field of real estate business．In order to effectively open specification’S illegal violations，safeguard the legitimate rights and interests of the buyem to establish a more robust real estate market,it is necessary for the existing system of punitive damages sale of real estate to further improved． Although some of our separate regulations have also introduced the system of punitive damages，but requirements are more concemed，and at the institutional level less than perfect，on the sale of real estate currently，the sale of real estate buyers and developers are the subjects of legal relation．The application of punitive damage compensation system mainly includes the following three aspects：malicious breach of contract，fraud and the deviation of house area．Judicial practice also shows that the existing judicial interpretation is still imperfect in the following three aspects：First， the suitable objects of punitive damages compensation system is narrow,SO it cannot cover all the fraud breach practice which already existed．Appropriate measures need to be taken to expand the scope of punitive damage compensation．Secondly，the subjective conditions of the application 011_pllni曲e．出m嶝is not clear,how to identify the litigant’S subjective fault remains to be further clarify，for which responsibility principle applicable also need further clarification．Third．the existing amount determine is still very vague，in practice，how to calculate the different standards，the judge cut excessive freedom and other issues，or the justice of