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商品房预售制度在促进我国经济发展,刺激商品房消费,改善人们住房环境等方面发挥着独有的作用。然而预售交易不稳定的特点导致预购方易受到不法侵害,传统填补性原则对预购方的补偿往往是不够的,因此需引入惩罚性赔偿对其进行保护。我国在商品房买卖相关的法律中规定了惩罚性赔偿制度,但在其实际应用上仍存在诸多问题,本文将针对其中不足的规定提出建议。
The pre-sale system of commercial housing plays a unique role in promoting China’s economic development, stimulating the consumption of commercial housing and improving people’s housing environment. However, the precarious nature of pre-sale transactions leads to the pre-purchasers being easily infringed upon. The traditional principle of replenishment is often not enough to compensate pre-purchasers, so punitive damages should be introduced to protect them. China has stipulated the punitive damages system in the law relating to the sale and purchase of commercial houses. However, there are still many problems in its practical application. This article will make recommendations for the deficiencies.