An Empirical Study On The Adjustment Of Liquidated Damages

Liquidated damages is an important system in the field of contract law,which plays an important role in preventing risks during the performance of contracts.Liquidated damages is the concentrated expression of autonomy in breach of contract relief.It is the product of the principle of contract freedom,but freedom is also limited.To prevent excessive contract freedom,judicial authorities are allowed to change the penalties to achieve contract justice and improve transaction efficiency.The theoretical circles of our country have disputes on the nature of liquidated damages.Legislation regarding liquidated damages rules is too principled and lacks maneuverability,resulting in a lack of uniform rules for liquidated damages changes in judicial practice.Problems such as the improper exercise of the right to manifest,the improper distribution of burden of proof,the large discretion of the judge,and the dissatisfaction of the parties involved in the decision.This paper starts with the theoretical knowledge of liquidated damages and compares the nature of liquidated damages and its modification rules by combing relevant domestic and foreign regulations to provide a reference for clarifying the nature of liquidated damages in China.Secondly,it sorts out the cases of second-hand housing sales contracts and conducts basic research.Statistical analysis,using it as a data support,to analyze in depth the problems existing in judicial changes in liquidated damages and analyze the reasons;finally,to provide concrete and feasible reference suggestions for improving the rules for judicial changes in liquidated damages,in order to completely resolve contradictions and disputes,Give full play to the leading role of judicial adjudication and improve judicial credibility.The main content of this article is as follows:The first part is to sort out the main viewpoints of the nature of liquidated damages in theory in our country,and analyze the nature of liquidated damages in Article 114 of the Contract Law.Combining the determination of the nature ofliquidated damages by the main countries of the civil law system and the common law system in the United States,it is China's breach of contract.The definition of the nature of gold provides a reference;Secondly,from the perspective of law and law and economics,the significance and value of liquidated damages are analyzed,and it is concluded that the liquidated damages have important value in correcting contract freedom,achieving contract justice,improving transaction efficiency,and achieving the organic unification of fairness and efficiency;The research method analyzes the legal norms of liquidated damage changes in foreign countries,and aims to provide theoretical reference for improving the liquidated damage changes in China.In the second part,the judicial cases of second-hand housing sales contracts are selected online from the Chinese judgment documents.Through statistical analysis,the basic information such as the number of cases and the court level are analyzed first,and then the subject of liquidated damages change,the status of contract execution,The statistics and analysis of the exercise of the right of interpretation by the judge,the results of the ruling,and the status of the parties' appeals,and an in-depth analysis of the current situation of the judicial judgment of liquidated damages.Issues such as appropriateness,unclear distribution of burden of proof,and dissatisfaction of the parties with the decision.The third part analyzes the theoretical problems in judicial practice of liquidated damages change.Through analysis,it is concluded that the specific rules of the judicial procedure for liquidated damages change,such as the right to interpretation,imperfect rules for the distribution of the burden of proof,and conflicts of autonomy and judicial interference have led to judicial practice for liquidated damages.The fourth part,based on the problems in the judicial practice of liquidated damages,puts forward my own suggestions.It mainly includes restricting the judges' voluntary change in liquidated damages,further specifying the relevant provisions of the right of interpretation,fair and appropriate distribution of the burden of proof andclear boundaries of judicial intervention,with a view to providing a feasible reference for resolving problems in judicial judgments for liquidation changes Judicial adjudication rules establish judicial authority.