Study On The Judicial Adjustment Rules Of Liquidated Damages

Because the liquidated damages system can simplify the loss calculation and ensure the performance of the contract,and has a unique role,so it is widely used in the contract.Thus,as the balance tool of contract freedom and contract justice,the judicial adjustment rules also have a high frequency of use.Although the judicial adjustment of liquidated damages belongs to the category of judges' discretion,the weak basic theory and abstract legal provisions make judicial adjustment practice highly controversial.Therefore,the issue of judicial adjustment of liquidated damages is actually an important subject worthy of study.By analyzing China's penalty due to breach of contract the change course of judicial adjustment system and theory research trends,it is not difficult to find penalty due to breach of contract in our country judicial adjustment on the value orientation has experienced from the emphasis on fair to pay more attention to the change of the contract freedom.Vague,however,subject to the relevant laws and regulations and the basic theory of the weak,breach of contract in our country judicial adjustment long-standing practice defined standards are unknown and standard of varying the magnitude of the problem.To fundamentally solve the penalty due to breach of contract and chaotic situation,judicial adjustment practice on the penalty due to breach of contract types cognizance,it is necessary to avoid the traditional theories in the nature of the breach of contract,function,type the misconceptions in correspondence.Besides,it is necessary to classify the liquidated damages for typical with the function of double penalty due to breach of contract and only with the function of the performance guarantee pure guarantee of penalty due to breach of contract.In terms of penalty due to breach of contract legal adjustment considerations,it is necessary to distinguish between different penalty due to breach of contract types,different types of debt.In money debt judicial adjustment of liquidated damages,it is necessary to clear penalty due to breach of contract is not of interest,and the legal limit and the calculation standard of legal delay penalty interest does not apply to the calculation of the amount of liquidated damages.Finally,it is important for penalty due to breach of contract,summarized the legal adjustment of the special circumstances,to ensure the integrity of the study.