The Research On The Juditiary Adjustment Of The Much Higher Damages For Breach Of Contract

Damages for breach of contract is a payment set in a contract by the Parties, and it is a means of duty. According to the freedom of contract, the parties may stipulate the amount and the condition of Payment of the damages for breach of the contract in a contract. Fine for breach of contract, as one of essential system of the civil law,owns both certain value in theories and obvious significances in practice.The Contract Law sets a relation between fine for breach of contract and the loss resulting from the breach and empowers judger or arbitrator to adjust the sums of the fine for breach of contract.However, how to identify the term "unreasonably much higher than" stated in the Contract Law and how to adjust the fine remains a controversial issue either in theoretical or judicial circles.And so, by studying the basic questions of damages for breach of contract issues, this paper talks about what the damages for breach of contract is, its character, its function, its meanings, and when and under what situation it can be adopted, its theoretical basic, judiciary adjustment on it, how to identify the much higher amount of the damages, the sources the judge considered, etc.The Purpose of this paper is to give some my own unmature advice on how to promote the damages for breach of contract system.