On The Adjustments To Overdue Payment Of Liquidated Damages

In this paper,adjust the overdue payment of liquidated damages as topics,from real cases I encountered in the work.The author in the process of handling cases in the Supreme Court reviewed many precedents,found no uniform standard.The author of valuable and representative cases for analysis and sort out,explore judge ideas and solutions to this problem,put forward personal views on this basis.The paper includes the introduction and the conclusion,which is divided into four chapters:Chapter One presents the background and value of research,focusing on the scope of the study were defined: by distinguishing the loan contract and non-lending contracts,civil contracts and commercial contracts,liquidated damages adjustment limited range of commercial contracts and non-lending contracts inside,in favor of accuracy,relevance and practical value of the research.Chapter Two describes and analyzes four cases,to collate and summarize the judicial practice identified and adjusted the problem.This paper selects the Supreme Court cases are representative of the last three years and guiding significance of the case,to ensure that the research value.Chapter Three is focused on issues related to the adjustment of liquidated damages for analysis and evaluation.Scale intervention of a judge at the time of liquidated damages for actual loss identification,discretion and standards and other issues of interest.Chapter Four is the conclusion,consists of two parts: First,the status quo analysis,helps judge,the parties and counsel further understanding of the judiciary tendency to view;the second is the status quo thinking and advice,and I believe that the concept of commercial law Commercial thinking is essential.