论商品房买卖合同中的惩罚性赔偿

On Punitive Damages in the Contract for the Sales of Commercial Estate

《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》所称的“买受人”,即购房人应为生活需要购买商品房的消费者。该《解释》不是对消费者权益保护法或合同法的直接适用,而是缺乏法律依据的司法创制。该《解释》规定适用惩罚性赔偿的其中三种情形值得推敲。

The bargainee in the Interpretation for the Applicable Law Problems Involved in Solving Contract Disputes for the Sales of Commercial Estate refers to the consumer who is going to purchase the commercial estate. This interpretation is not directly applicable to the Law on the Protection of Consumers＇ Rights and Interests and the Law of Contract. It is newly created without legislative authority. The three prescriptions on punitive damages need to be carefully considered.