Applicable Analysis Of Penalty Penalty

Debt Guarantee deposit is one of effective forms, and often with other forms of debtguarantees and use, and thus in social practice is often chosen as the parties to the contract debtguarantee. Deposit activity in a market economy is the consequence of widely applicable contractdisputes occurring on a large deposit on deposit penalties applicable conditions, the nature ofdeposit penalties, as well as the process of deposit penalties applicable to some other problems areoften caused controversy circles, plus the deposit of the relevant legislative provisions on singleand imperfect, trial judges will also appear in the judicial deposit disputes concerning the situationis different for the protection of the interests of the contracting parties is not perfect. So this articleapplies to deposit penalties as the research object, combined with our current judicial practice andacademic theory, comparative law research and foreign laws and institutional similarities anddifferences in deposit penalties in order to arrive at a framework suitable for China’s nationalconditions of justice deposit penalties system, and judicial practice some deposit penaltiesapplicable questions put forward their own views.This paper is divided into six parts: The first part of the domestic law and comparative lawfrom the perspective of each deposit penalties applicable summarized overview; second part looksat the nature and type of deposit on our determination that the following penalties apply researchto make a deposit bedding; part III on the basis of the aforementioned studies, focused on thespecific application of our deposit penalties on deposit penalties constituent elements, thedetermination of the amount of the deposit, the deposit failure, respectively, explained thesituation; fourth part of the former based on human study analyzes the relationship between thedeposit and the liquidated damages, the deposit and damages the relationship between thetermination of the contract and in the theories of liability for breach under the guidance of theirrelations in the judicial practice made a brief analysis and explanation; section five parts of thedeposit on a few specific problems for combining academic research about my own point of view.