Theory Of Punitive Damages System In Commercial Housing Sales False Advertising Fraud

False commercial housing sales advertisement increasingly rampant, not only the infringement of the rights and interests of buyers, also seriously disrupt the market order of our country’s commercial housing sales.Investigate its reason, largely because the developers of the illegal cost is relatively low, not enough to the alert action as a result., therefore, the author thinks that in order to effectively curb commercial housing sales false advertising, besides should perfect relevant advertising regulatory system, still need to add offenders bear civil liability, especially for developers malicious false advertising, fraud and the behavior of the buyers, shall specify the applicable punitive damages system, increase its illegal cost, and effort.This paper mainly revolves around the punitive compensation system in the commercial housing sales advertising fraud problem, from the following several aspects: The first part of this article mainly analyzes the general situation of commercial housing sales false advertising, designed to show that the current commercial housing sales false advertising, and one of the most main reason is the developer of commercial housing sales false advertising illegal cost is low, its commercial housing sales by the false advertisement may undertake the legal liability is much lower than commercial housing sales economic benefits brought by the false advertisement, in the interests of the market economy, many developers for the pursuit of greater economic benefits, at violating laws and regulations, and business ethics, commercial housing sales false advertising for the maintenance of commercial housing sales market order, protect the interests of buyers is inviolable, it is necessary to increase the developers of illegal commercial housing sales false advertising costs. In this paper, the second part mainly from the concept, characteristics, application status as well as with other legal liability limits the Angle of punitive damages system, this paper discusses that in the current field of commercial housing sales, though in the judicial interpretation issued by the Supreme Court rules applicable to commercial housing sale of punitive damages, whether as for commercial housing sales constitute fraud false advertisement "elimination" of punitive damages provisions shall be applicable, law did not make clear a regulation, the theoretical circle and judicial circle there was a larger dispute on this question. Reason of rebuttal, this article through to the opponents and balance from the developers and home buyers and maintain the interests of the relationship between the perspective of commercial housing sales, claims for developers in the process of commercial housing sales, fraud should be bold "elimination" of punitive damages provisions shall be applicable. The third part of this paper mainly analyzes the applicable to commercial housing sales false advertisement "elimination" feasibility of punitive damages system, mainly from the legal status of buyers, and buyers and developers to balance the interests of relations between the two angles to analyze its feasibility. "Elimination" in order to protect the life consumption for the purpose, so the "elimination" of the application of the punitive compensation system the premise is to clarify the legal status of buyers whether belongs to the category of the consumer. The paper argues that, for the problem of the legal status of buyers should inspect its purpose can be divided into self living home buyers and investment home buyers, and only the living type buyers didn’t belong to the category of consumers, to be protected by the "elimination", and from commercial housing commodity attribute, expressions of current relevant laws and regulations, the real estate development enterprise and the similarity of the "elimination" operator ", the connotation of the cost of living and will live buyers into the category of "elimination" protection of social values such as Angle to analyze the living type buyers of consumer reason; Also claims that apply the punitive compensation system will not cause the imbalance between the interests, instead of commercial housing sales fraud false advertisement to apply punitive compensation system, not only can the greatest degree of the loss compensation by fraud buyers, can effectively regulate commercial housing sales false advertising, fraud to maintain the good order of the commercial housing sales market. The fourth part of this article, this section mainly analyzes the applicable to commercial housing sales fraud false advertisement "elimination" punitive damages should be paid attention to several problems, respectively, and the main responsibility is the distribution of burden of proof, and the actual cases punitive damages liability and liability for breach of contract, the integrated use of contracting negligence responsibility.