Study On The Legislation Of Punitive Damages In The Purchase And Sale Of Commodity Premises

At present,transaction of China's commodity premises market is developing rapidly,with its large-scale and the rising social demand.At the same time,the new breaches of contract or offences in the field of transaction of commodity premises are becoming more and more fierce,which has attracted widespread attention of the society.In 2003,the Supreme People's Court promulgated the Interpretation on Certain Issues Concerning the Application of Law in Trying Cases over Contracts on Purchase and Sale of Commodity Premises.For the first time,the punitive damage system is introduced into the purchase and sale of commodity premises contracts,which is a major breakthrough in China's legislation.Up till now,the debate about the punitive damage system in the purchase and sale of commodity premises has been focused on its application.However,only very little achievement has been made.There are still some problems,such as the backwardness of the system and the fuzziness of the norms.These problems are specifically manifested as follows: the legal basis is insufficient and the level is too low;the scope of application is too narrow;the applicable standards are not unified and the amount of punitive damage is not reasonable.In consideration of the above problems that need to be solved quickly,this paper took the domestic typical cases as examples.It extracted the key issues within these problems.The relevant theoretical results of the punitive damage system have also been reviewed and combed.And through combining with the legislative reality of China,it could put forward some legislative suggestions for the punitive damage system in the purchase and sale of commodity premises.First,it helps in improving the relevant provisions of Law of the People's Republic of China on Urban Real Estate Administration;second,it helps in adjusting the scope of application of punitive damages;third,it helps in unifying the applicable standards of punitive damages;and finally,it helps in clearing the specific measures such as the amount standards of punitive damages.Through literature review and analysis of cases,the purpose of this study is to provide suggestions for the improvement of the punitive damage system in the purchase and sale of commodity premises.As a result,a fairer and more reasonable judgment could be assured when handling the related cases.