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2003年3月24日最高人民法院通过了《关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》(以下简称《解释》),继《消费者权益保护法》首次运用惩罚性赔偿的规定以后,惩罚性赔偿措施首次引入到房屋买卖合同的纠纷处理中。对于惩罚性赔偿在该领域的运用,各家持不同观点,如以梁彗星为代表学者的反对派及以刘俊海为代表的支持派。本文将从惩罚性赔偿在房屋买卖中运用的合理性、对经济适用房的适用性及存在的问题及完善做简要分析。
On March 24, 2003, the Supreme People’s Court passed the Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Sales Contract of Commercial Buildings (hereinafter referred to as “Interpretation”), after the first provision of punitive damages by the “Law on Protection of Consumer Rights and Interests” , Punitive damages for the first time into the contract for the sale of housing disputes. As to the application of punitive damages in this field, various opinions are different, such as the opposition represented by Liang Comet and the supporters represented by Liu Junhai. This article will make a brief analysis of the rationality of the punitive damages in the sale and purchase of houses and the applicability of the affordable housing and its existing problems and perfection.