Research On The Punitive Liquidated Damage

In recent years,With the continuous development of the market economy in recent years,punitive liquidated damages have been more and more widely used by the public in trading practice,resulting in more and more cases involving punitive liquidated damages in judicial practice.Because the law of our country does not explicitly stipulate the system,there are different views in the theoretical circle,which leads to the inconsistency of the determination and judgment of punitive liquidated damages in practice.Compared with compensatory liquidated damages,punitive liquidated damages can better pressure the debtor to urge them to actively perform the contract,which has practical value for ensuring the stability of the contract and building an honest society.Based on the investigation of the current legal norms and theories,supplemented by the observation of cases in judicial practice,this paper concludes that we should recognize that liquidated,damages have the nature of punishment.At the same time,the application of punitive liquidated damages should be continuously optimized in judicial practice to achieve the unity of contract freedom and substantive justice.This paper is divided into four chapters on the punitive liquidated damages system.The first chapter summarizes the system of liquidated damages,first introduces the meaning of liquidated damages,then discusses the functions of liquidated damages,affirms the dual functions of liquidated damages,and discusses that it is unreasonable to regard the pressure and deterrence functions of liquidated damages as the guarantee attributes,which should be considered as punitive and more accurate.The second chapter studies the system of punitive liquidated damages.Firstly,it studies the system of punitive liquidated damages outside China from the perspective of comparative law.Secondly,it studies the system of punitive liquidated damages under the civil law system of China.The third chapter discusses the identification of punitive liquidated damages,from the perspective of judicial practice in China and through the investigation of cases,analyzes the identification problems in practice,and puts forward relevant suggestions.The fourth chapter puts forward suggestions on the improvement of punitive liquidated damages system from three aspects:subject,application and judicial adjustment.