The Study On The Judicial Application Of Punitive Liquidated Damages

Liquidated damages are widely used in practice,in which punitive liquidated damages are especially recognized by the parties concerned with the typical function of their performance pressure.In recent years,the cases of punitive liquidated damages have been clearly increased year by year.However,due to the lack of clear legislative norms and the misunderstanding of punitive liquidated damages and compensative liquidated damages,the attitude towards punitive liquidated damages presents evasive and negative,leading to the wrong standards and the judicial abuses of discretionary reduction.By the study of legislative norms and debates in academic circles,supplemented with comparative law observation,we should recognize the institutional value of punitive liquidated damages and gradually optimize its application in judicial practice to realize the basic balance of contract freedom and contract justice.This article will be divided into five parts to explain the judicial application of punitive liquidated damages.The first part is the introduction of the problem.Through the observation of the basic status of the judicial application of punitive liquidated damages,we find many problems existing in the present.The second part is the legal interpretation of punitive liquidated damages.Through the combing of the existing legal norms system,combined with the relevant interpretation of the academic circles,it explains the basic situation of relevant legislation,and collates many theories to outline the basic thread of punitive liquidated damages.The third part is the punitive liquidated damages under the contract law system.It emphasizes the legitimacy and system value of punitive liquidated damages under the contract law system.The fourth part is to find out the basic attitude and applicable rules of punitive liquidated damages in foreign laws through comparative law observation,and affirming the positive attitude towards punitive liquidated damages is a major trend in theworld.The fifth part is the direction of the optimization application of punitive liquidated damages.The writer reshape the the basic elements,subjects and the basic rules of judicial discounted of punitive damages,hoping to provide help for the improvement of punitive damages.