Research On The Unification Of The Judgment Standard Of Liquidated Damages-Based On Empirical Analysis

The liquidated damages system is an important manifestation of the autonomy of the contract law,and is widely used in practice.But freedom is limited,so the contract law gives the parties the right to request the court to adjust.This is the system of liquidated damages.This system is not only linked to the interests of the parties,but also to judicial justice.Therefore,both in the theoretical and practical circles have received special attention.At present,the legal provisions of China's liquidated damages adjustment system are relatively general,and put forward extremely high requirements for the use of judges' discretion in the process of judicial practice.This paper mainly analyzes the application of the judicial adjustment system of liquidated damages in trial practice and the reasons for the differentiation of judgments through a large number of data and cases,aiming to provide some reference for the unification of the referee scale.This article mainly includes the following parts: The first part is the introduction.The second part analyzes the liquidated damages cases in the past five years,analyzes the application of the liquidated damages adjustment system in judicial practice from the perspectives of the case,the region and the court level,and selects three cases to introduce the judicial adjustment of liquidated damages.solved problem.The third part is an overview of the liquidated damages adjustment system.Explain the concept and function of liquidated damages,the theoretical and legal basis of the liquidated damages adjustment system,and the applicable preconditions and applicable principles of the liquidated damages adjustment system.The fourth part analyzes the problems existing in the judicial adjustment of liquidated damages in China's trial practice through empirical research,including the large difference in the amount of liquidated damages,the difference in the liquidated damages of different natures,and the determination of the right to agree to abandon the liquidated damages.Not uniform,the actual loss of the burden of proof is not clear and other issues.The fifth part is the perfect proposal for the judicial adjustment system of liquidated damages in China.Including refining liquidated damages adjustment rules,different types of contracts with different adjustment methods,the determination of the validity of the unified liquidated damages adjustment claims,the adjustment of compensation liquidated damages and punitive liquidated damages,and the allocation of burden of proof for the actual loss.