On The Liquidated Damages Judicial Intervention

Liquidated damages, is one of the basic form of liability for breach, but also the effectiveness of maintenance contracts the basic legal instruments. However, a long time, my academic liquidated damages judicial intervention studies are not many longitudinal study liability for breach of the feature-length masterpiece, and a number of liquidated damages regime literature rarely more comprehensive discussion of liquidated damages judicial intervention. To this end, the author of "On the liquidated damages of judicial intervention" as the topics of master's thesis will focus on the judicial practice of research finds that the agreed liquidated damages are too high or too low a standard as well as liquidated damages judicial intervention in the process of procedural issues. In the Contract Law stipulates that the 114th, based on this paper, "Supreme People's Court on the" Applies The People's Republic of China Contract Law "Interpretation of Several Issues (â…¡)" for breach of contract payment system in the judicial practice, specifically applicable provisions of and in accordance with the basic principles of civil law to a comprehensive discussion of liquidated damages of judicial intervention. The paper is divided into four parts to elaborate liquidated damages judicial intervention, expected through the application of its laws on the judicial practice in which people apply to breach of contract payment system is a new enlightenment.Partâ… :explain the basis for judicial intervention liquidated damages theoretical issue. First of all, in-depth study of the origins of liquidated damages the system, and further discussed in the development of common law countries, thus explores the history of our country on the development of the system evolution liquidated damages. Second, the focus on discussion of liquidated damages the legal basis for judicial intervention, from a legal point of view demonstrated the need for judicial intervention liquidated damages. Furthermore, the introduction of the liquidated damages the guiding principles of judicial intervention, there is predictability in principle, deliberately diminished the principle of mitigation principle and the principle of appropriate interventions. Finally, discusses the liquidated damages were found too high or too low criterion in order to work for the people in the judicial practice to provide some reference value.Partâ…¡: comparison study of liquidated damages judicial intervention. Both civil law and common law breach of contract payments on the relevant provisions of judicial intervention, but each has its advantages with each other again. I deal mainly with France, Germany, the UK and the U.S. legislation on the liquidated damages system of intervention, through the comparison of national legislation style, summed up the pros and cons of its system, the judicial practice of China's adjustment of the liquidated damages provision may be to learn from the .Partâ…¢:describes the current legislation and judicial practice in China is how to liquidated damages to intervene. This section from the liquidated damages system in China talking about the legislative evolution first, and further discussed in the judicial practice of China's right to intervene in the practice of liquidated damages, from the liquidated damages the conditions and procedures and the increase or decrease the amount of liquidated damages, to examine our practice of adjustments relating to liquidated damages in action.Partâ…£:the focus of this paper. China's current legislation on the judicial intervention of liquidated damages the problems and put forward feasible proposals, with a view to further improve our system of judicial intervention of liquidated damages. China's current contract law for breach of contract payments to the nature, the amount of adjusting the standard, breach of contract payment procedures of judicial intervention does not make specific provisions in detail, the author proposes, it should be as soon as possible the relevant judicial interpretations, clearly defined the nature of liquidated damages and to distinguish different nature of the breach of contract the adjustment of the limits of gold, according to the different nature of the decision of liquidated damages liquidated damages and other remedies for breach of contract applicable, according to the partial failure to fulfill and all non-compliance to determine the adjustment of liquidated damages of different ways, clearly defined judicial intervention liquidated damages the principles to be followed , as well as liquidated damages provisions of the judicial intervention procedure.