Research On Judicial Application Of Liquidated Damages Discretionary Reduction Rule

The liquidated damages system is one of the important systems in the field of contract,and the study of the discretionary rules of liquidated damages can deepen the understanding of the liquidated damages system.This paper begins with analyzing a large number of judicial practice cases,sorts out the main problems that exist at present,and puts forward suggestions for improvement.Firstly,the current situation of liquidated damages discretion in China is analyzed,and the main problems are sorted out.Then,the academic theories and judicial practices regarding the nature of liquidated damages,the initiation of liquidated damages discretion and the allocation of the burden of proof,as well as the similarities and differences between liquidated damages rules and other rules of liquidated damages relief are sorted out.Finally,on the premise of the above analysis,relevant suggestions for improvement are put forward.In addition to clarifying the relevant provisions of liquidated.damages discretion in the positive direction,it is also possible to restrict the liquidated damages discretion in certain circumstances,such as liquidated damages agreed in the form clause,or liquidated damages paid by the defaulting party in bad faith.Through a practical way to make the liquidated damages system in judicial practice to play a better role.