Research On Punitive Compensation System In "One House For Multiple Sales"

In the current situation of economic growth,China,with a large population,is increasingly transferring funds to the real estate market.The unscrupulous merchants’desire for profit has gradually grown,driving an increase in the practice of "selling more than one house".It seriously infringes on the vital interests of homebuyers and undermines the rule of law and fairness.For the dispute of "multiple sales of one house",the existing compensation system in China mainly has the following problems:extremely strict applicable standards,insufficient punishment,insufficient deterrence against illegal acts,etc.,and it is impossible to effectively prevent,sanction and punish acts before,during and after the infringement.In addition,the compensation standard of the amount of Punitive damages has not been determined,which also makes the results of similar cases very different.Therefore,it is more necessary to study the feasibility of adding "Punitive damages system" in the case of "multiple sales of one house".Because most of the existing dispute cases arising from the sale of commercial housing in China are solved by applying the contract part of the Civil code and the Judicial Interpretation on the Sale of Commercial Housing,rather than the Consumer Rights Protection Law,the former two mostly adopt compensatory compensation rules for contract breach compensation,and there is no Punitive damages rule,which results in that the infringee’s property rights are not fully compensated when infringed,and it is also unable to effectively deter such malicious acts,The infringer has a mentality of making profits even after compensation.Due to the lack of effective protection of the legitimate rights and interests of the victim and the low cost of infringement by the infringer,the appeal rate and crime rate of such cases are high,and social fairness is imbalanced.It will be an effective means and important method for Punitive damages to apply in the field of "multiple sales of one house" by tilting the application of the law of "multiple sales of one house" to the Consumer Protection Law in different situations,and applying the provisions of "three times Punitive damages" in the Consumer Protection Law to such cases.The Punitive damages system of "multiple sales of one house" can be improved from the following aspects:based on the analysis of consumer law provisions and the actual situation,it is reasonable for buyers to identify the first house they just need as consumer goods,and the Punitive damages provisions in the consumer law applicable to "multiple sales of one house" should be recognized as legitimate;Punitive should not only be reflected in the punishment of infringers,but also in the reduction and exemption of losses of victims.Through the flexible reduction and exemption of Punitive damages litigation costs,it can stimulate the enthusiasm of buyers to request Punitive damages after encountering multiple sales of one house;We should also establish a real estate sales information disclosure system to balance the information holdings of both parties;Start the standardization of the way of Punitive damages,the seller shall fulfill the obligation of informing and committing to the buyer,set up the inverted rule of proof after disputes,and the real estate seller shall provide relevant information and evidence of its own exemption to improve the difficulty of violation and increase the cost of violation;In the "multiple sales of one house",the amount of Punitive damages can be one to three times of the verification standard or the level judgment method,which can also play a great role in solving problems,improving efficiency and maintaining fairness in the adjudication.