On The Punitive Damages System In False Advertisement Of Commercial Residential Building

With the market of commodity houses becomes more and more mature, phenomenon of false advertising are endless. In commodity houses contract disputes, false advertising for commodity houses disputes account for a large proportion. At present, the responsibility of the executive-led system can not effectively curb the responsibility of sales of commercial behavior of false advertising. In commodity houses process, there is imbalance between the purchaser and the development company. The development company use his economic, status, knowledge, and other advantages harm the interests of home buyers, home buyers with their own power is difficult to avoid that. I think that our civil liability system should improve, we should through the introduction of punitive damages to increase the cost of the developer's false advertising. Whether punitive damages should be supported or not, its great value issue.The first part discuss the basic system of punitive damages issue. These include: the concept of punitive damages, the nature, characteristics, components, function, value, and the concept of punitive damages and legal concepts related to the differences and connections. Punitive damages to compensatory damages in the traditional way the victim can not fully compensate for the loss arising under the circumstances, in fact, the compensation system is the lack of punitive damages causes. Therefore, punitive damages in civil areas is a serious moral of sexual conduct can be condemned in accordance with the provisions of the law of compensation be given to the victims, with losses to compensate the victims, to deter and punish wrongdoing, such as multiple functions.Part two deals with the current status and deficiencies of false advertising questions. First of all, our commodity houses for the current status of false advertising and various expressions, Secondly, the paper points out that lack of legal regulation there is legislative, judicial determination is not unified, buyers and developers in the status of inequality defects.Part three covers the existence of commodity houses analysis of the problem of false advertising. This section of the home sales were punitive damages of false advertising status of legislation, judicial status and the unequal status of developers and home buyers imbalance caused by interest were studied and analyzed. Part four give some advices to t improve the punitive damages in market of commodity houses. Therefore, false advertising commodity houses people in the Regulation of punitive damages should be established; Second, legislation should further clarify the applicable standards for punitive damages, and enhance the predictability of the law; Finally, case law ought to be established...