Liquidated Damages Adjustment Rules Research Centering On The 114 Articles Of The China's Contract Law

" As the basic principles for order",the contract plays an increasingly weighty role in the commercial society.In the contract law system,the system of liability for breach of contract is significant mean to ensure that contact law can encourage the trade.And fine for breach of contract is a common relief measure.liquidated damages shows the principle of contract freedom,while the predetermined nature of the liquidated damages decides that the obligor's rights should be properly protected.The content about liquidated damages and it can be adjusted,which has been stipulated by China's contract law in article 114,but there always in dispute on the issues,such as how to definite the nature of liquidated damages and whether it shall be adjusted.According to the 114 th regulations in contact law,will breach the observant party damage caused by a party,the breaching party shall compensate loss or the agreed amount of observant party,but if too much higher or lower than the amount of the actual loss,one party has the right to require adjustments of the contract,which leads to the intention of the liquidated damages between two parties is changed legally and expected possibility of contract become unpredictable.Therefore the positive default happens increasingly.Nowadays,the general civil law in China has been promulgated,in the specific provisions that contract law will soon compiling promulgated,but many points like the nature of the breach of contract,its adjustment factors,distribution of burden of proof,the range of losses,etc.,those are not clearly defined,so in practice the referee can't uniform standard,which bring s out a negative impact to the judicial practice.Therefore,emphasizingstudying the penalty due to breach of contract and adjusting rules related basic theory research,has important theoretical guiding role in practice.This article startswith the nature of liquidated damages,contract-breach responsbility and the necessity of adjusting liquidated damages,focuses on exploring the procedure and entity problems about adjustment rules of liquidated damages.Besides,on the premise of fully embody autonomy,i will offer some Suggestions for that in the article.And that will adhere to the principle "compensation first while penalty due to breach of contract as exceptions",stick to the utmost respect for autonomy.