A Study On Punitive Damages System In Housing Transaction In China

As housing demand sharply rising trend,the trend of real estate market demand is more and more obvious,and this leads to appear in the building trades,more and more malicious default behavior,and a default types along with the development trend is more and more novel,the existing law have not include the situation,has gone far can not adapt to the development of the building trades.Punitive damages system is different from general civil system of compensatory damages system of damage compensation system,based on to punish perpetrators of malicious default behavior refers to the court and give the defendant beyond the actual loss compensation system of decision.Based on our country housing transactions in a variety of malicious default behavior and bring home buyers with big loss problem,focus on due to a lack of perfect relevant law system in our country can lead to the development of the sale and purchase market chaotic situation,be badly in need of a law to regulate the sale and purchase a series of problems,therefore,should perfect the "real estate management law" relevant provision,introduce the punitive compensation system of the urban real estate administration law,increase the "commercial housing sales contract dispute judicial interpretation" regulations on punitive damages,and apply from the subject,object,applicable and compensation to improve the situation,constructing the sale and purchase of punitive damages system,so as to protect the interests of the majority of buyers and maintain the good order of the real estate market effectively.In this paper,the historical research method is used to study the meaning of punitive compensation system in ancient times,using comparative study method to draw lessons from the application of the punitive compensation system in other countries outside the region,taking its essence,combining with China's national conditions,and improving the application of the system of punitive compensation to the sale of the home in China.Moderate broadening the scope of punitive damages system in our country in building business,will be expanded to all the principal part of malicious sellers,the expansion of the object can freedom of trade for all houses,adjust the punitive compensation amount of more reasonable,make sex will punish compensation amount is divided into the real estate enterprises and individuals to treat,clear list the amount of punishment factor,in the person that buy a damage factor,the establishment of proposed damage level system and the system of compensation coefficient,better improve the system of punitive damages in our country,the sale and purchase of application.