Judicial Intervention With Liquidated Damages

Judicial intervention system for liquidated damages is a hot issue in the theory and judicial practice, the system applies the appropriate adjustments and correct or not, related to the balance of interests between the parties and the realization of social justice. The system is at the request of the parties, the court or arbitration body to be legally appropriate interventions and adjust the amount of liquidated damages, in order to achieve balance and coordination of interests between parties to the contract system. The system gives the judge due to greater discretion in judicial practice, the results are often quite different judge, and the current legislation regarding liquidated damages of adjustment is still not perfect, the adjustment is based on breach of contract, standards and procedures, as well as the magnitude relevant aspects of legislation is not reasonable, academic theory on liquidated damages are not sufficient to adjust. Therefore, the "Judicial Intervention With Liquidated Damages" in the title of this article, focusing on our Judicial intervention system for liquidated damages.This paper is divided into four major justification analysis, that the theory of Judicial intervention system for liquidated damages, liquidated damages adjust extraterritorial legislation, our judicial intervention to liquidated damages and liquidated damages of judicial intervention comments and suggestions.The first part describes the theoretical basis for judicial intervention in the issue of liquidated damages, restrictions on freedom of contract, balance of interests of the parties and achieve justice,The nature of liquidated damages inevitable requirement.on the legitimacy of judicial intervention liquidated damages analysis.The second part of the liquidated damages comparative study of judicial intervention. Provisions for liquidated damages related to foreign judicial intervention, but they have their own characteristics to each other. The author focuses on the civil law and common law breach of contract intervention system, comparing national legislative system.The third part of my country Judicial intervention system for liquidated damages. Analyzing the nature of "Contract Law" 114, paragraph 2, and relevant judicial interpretation of liquidated damages. Then again the focus of our analysis of the liquidated damages judicial intervention system.The fourth part is for liquidated damages for judicial intervention in our system Comments and suggestions. Liquidated damages for judicial intervention in our system of positive significance and shortcomings, made a brief exposition of the author for the deficiencies raised a little immature comments.