The Liquidated Damages On Our Country’s System Of Adjustment

Liquidated damages for breach of contract responsibility system is an importantcomponent of its special role and function of other similar legal systems are irreplaceable.Pre-agreed liquidated damages eliminates the hassle of proof observant, so you can quicklyget relief observant, so penalty system in civil and commercial contracts are widely used. Ourlegal system also identified the penalty, but the clause is too small, so the penalty system,some controversy exists only in theory, in practice there are adjustments to the standard is notunified, the program starts more casual and other issues. This article from China’s currentlaws and judicial interpretations, and from the judicial penalty cases summed modulationproblems discussed by comparing the methods of the penalty adjustment system, improve ourpenalty proposed adjustment system a number of opinions. This addition to the introduction,will have the following five sections:The first part, the theoretical basis of the system of liquidated damages. This sectionliquidated concept, character, nature be introduced to explain the value of liquidated damagesadjustment system.The second part of the penalty adjustment system inspection. This section discusses thetheoretical basis of breach of contract adjustments and other countries related adjustmentsspecification.The third part describes adjustment system of liquidated damages, and the basicprinciples and practices in the referee’s judgment specific criteria.The fourth part, the phenomenon occurs in judicial practice and Problem. This sectionsummarized the court dealing with liquidated damages adjust various problems and a simpleanalysis to reflect on our penalty system deficiencies that exist on the legislation.The fifth part, liquidated damages adjustment regime. Combine theory and judicialpractice, the adjustment of liquidated damages raise procedural and substantive aspects of theproposal, in order to facilitate adjustment system of judicial practice liquidated harmonizationof standards and adapt to the needs of social development..