Research On Punitive Compensation System For Selling More Than One Commercial Housing

The Interpretation of Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes Promulgated by the Supreme People's Court has been more than fifteen years,of which the punitive damages clause of Article 8 of the second paragraph on “sell more than one room” is in judicial practice of poor application.Under the academic environment that traditional real estate law has no empirical research on the study of the punitive compensation system for commercial housing,the empirical research on the system will fill the academic gap in this field.The first chapter is the introduction,which mainly introduces the research background and significance of this paper,related literature review and research methods.The second chapter analyzes the applicable requirements of punitive damages for one room and more.It mainly analyzes the different requirements of applicable punitive damages when there is a sale of commercial housing.The third chapter is the legal connotation of selling punitive damages in one room.It mainly analyzes the legal basis behind the punitive damages system.The author analyzes the legality of the system,the actual market demand and the empirical analysis of related cases.The theory further analyzes its legal connotation in combination with reality.The fourth chapter is an empirical analysis of the sample of one-bedroom and multi-sale cases,mainly for statistical description and analysis of 502 cases of single-sale and multi-sale cases.The univariate statistical description objects include “case geographical distribution”,“case type”,“case time”,“plaint litigation claim”,“trial outcome”,“audit situation”,etc.The objects include “case time and case facts”,“regional distribution and litigation claims”,“case targets and judgment results”,“case time and judgment results”.The fifth chapter analyzes the causes of the application of punitive damages in one room and more.Through the data obtained from the previous empirical analysis,it focuses on two problems in the application of punitive damages for one room and more in the judicial practice in China.The time is too long,and the second is that the plaintiff's claim for punitive damages claims is too low.The sixth chapter is to explore the path,mainly focusing on the exploration of the path of the two cases mentioned in the fifth chapter,the case is too long,and the plaintiff's claim for punitive damages is too low.The exploration of the intelligent trial system and the modification and reduction of litigation costs are taken as the exploration direction.