Study On Legal System Of Liquidated Damages

The rapid development of market economy, the contract for the establishment, alteration, the eradication of the carrier of the legal relationship between the parties, in social development plays very important role, but due to the influence of subjective and objective factors, the contract becomes effective after the establishment has may not be able to perform effectively, which is breach of contract damages applicable.In the performance of the contract, we will encounter the default payment terms and the contract can not be effectively performed, the default payment terms are effective, and can be obtained. However, the theoretical research on breach of contract is different, in practice, due to the ambiguity of the legal provisions, the relevant provisions of the liquidated damages and no unified approach, the judicial organs according to their understanding, make a big difference. In view of the above problems, the article is based on China’s current laws and regulations, the use of comparison, analysis and other methods, based on the comparison of the relevant provisions of the relevant laws and regulations, the relevant research background, social needs and the combination of China’s national conditions, the application system for the breach of contract of innovative ideas.From the four part of this paper, the author describes, analyzes and demonstrates the liquidated damages: the first part describes the meaning of liquidated damages, discusses the nature, role, function, etc.. The second part is the comparison method, through the vertical and horizontal two angles, a more comprehensive introduction to the domestic and foreign related liquidated damages. In the third part, the paper discusses the problem of the determination of the liability for breach of contract and the liability for breach of contract. In the fourth part, the author summarizes the existing problems in the system of liquidated damages in our country, and the author will propose a detailed default payment terms, a clear penalty for breach of contract, a clear breach of contract responsibility and rules, the adjust ment of liquidated damages.