Study On Punitive Damage Compension System In Sales Of Commercial Estate

In commercial residential building business, civil disputes caused by developers’deception of propertybuyers have been on an upward trend in recent years. In the real estate market,developers’ wrongful acts,soto speak, are a dangerous “tumor” in our healthy economy.This article uses the methods of historyreview,comparative analysis and case analysis to analyze the necessity of applying punitive compensationin theory and commercial residential building business,legislative status and weaknesses of punitivedamages in commercial housing in our country.The article is around thirty thousand words and is dividedinto four parts except introduction and conclusion.The introduction mainly describes the purpose and the significance of this article.The research statesof key countries in common law and in civil law wil be discussed.Besides,this part also presents the futherresearch on topic and the crucial problems to solve.The first section in the first part summarizes the theoretical about punitive damage compensationsystem.Through historical reviewing of esatern and western ancient civilizations,compares the punitivedamage compensation system and proves that this system will have a long history and powerful vitality.Thesecond and third section mainly discusses the concept and the characteristics of punitive damagecompensation system.The second part analyzes the necessity of applying punitive compensation in commercial residentialbuilding business.There are four parts discussing the necessity and urgency:the type of commercialhousing,the particularity of commercial housing,the differences between it and general chattel transactionand the value of it.The third part discusses and anlyzes our country’s legislative status about punitive damagecompensation system.Given that there has been a series of controversis and problems in claimsubjects,liability subjects, contravention scope, responsibility principle, subject of defense andcompensation standard,the article considers on the legislation perfection of punitive damage compensationsystem in the perspective of modern products liability.The fourth part explores the emerging issues in applying punitive compensation in commercial residential building business.Regarding this,the paper makes brave attempts.