On The Legal Nature Of "False Penalty N"

The adjustment mode of Pan contract will still be the focus of attention and investigation in today's and future economic society.As a legal phenomenon of "false penalty n" with autonomy of will in commercial activities,its determination and nature dispute are also the conclusion that needs to be determined in many disputes.Only when the nature is confirmed correctly can it play a positive role in maintaining judicial authority and promoting economic and social development.First of all,from the analysis of the behavior characteristics of "false compensation for ten",the "false compensation for ten" should be a voluntary commitment made by the business to the unspecified consumer groups.After the acceptance of "one false compensation for ten" is made by the operator,as long as the consumer completes the specific behavior,it shall be regarded as the acceptance of the contract offer and the achievement of the conditions,and it shall be effective if the accept fails to cancel it in time.This is the view that courts often use in recent years when dealing with such disputes.But in addition,there are still some other views that affect the court's decision,such as: the nature of the dispute case of "false penalty n" is identified as reward advertisement,unilateral promise of debt,offer invitation,tort compensation,etc.Therefore,the author re combs this dispute.Secondly,with the rapid development of market-oriented economic activities,the "contract" system,as an important driving factor of market economy,is becoming more and more diversified,in which more and more parties agree on the contract terms with distinctive content throughthe way of autonomy of will.However,whether the contents of the contract terms agreed by the parties are legal,effective and enforceable still needs to conform to the mandatory provisions of the law and the basic principles of civil life.Finally,on the premise of the analysis of the stripes related to the settlement of the dispute of "false penalty n" and the application of the legal basis in practice,the author carefully proves that the legal nature of "false penalty n" is identified as the combination of the contract liquidated damages and the unilateral debt.Through the evaluation and analysis of the selected cases,referring to the research results of Chinese and foreign experts and scholars on the legal nature of "false penalty n",referring to the legislative experience of foreign countries,and combining with the judgment of the same type of cases in judicial practice,this paper puts forward some thoughts and suggestions on improving the legal nature of such commercial acts in China.