Research On The Rules For Adjusting Liquidated Damage

Liquidated damages are one of the important systems in the Contract Part of the Civil Code,and at the same time play the dual functions of compensating the non-breaching party for losses suffered and punishing the breaching party for its breach of trust.However,only Article 585 of the Civil Code provides for liquidated damages,and the expression of the provisions is relatively simple,and the existing legal provisions are difficult to adapt to the needs of increasingly complex market development.Therefore,liquidated damages adjustment rules related issues still need us to do research.This article contains the following five parts:The first part is the introduction,including the research purpose,research background and research significance of this paper.Then it discusses the rules of liquidated damages adjustment with a variety of research methods.The second part studies the related issues of the liquidated damages adjustment rules from the two aspects of theory and economics,at the same time uses the method of legal hermeneutics to explain the liquidated damages clause,distinguish liquidated damages and other legal systems.The third part explores the current situation of judicial application of the rule of penalty adjustment by empirical analysis,and examines the problems existing in the judicial application of this rule,including the dilemma of punitive penalty judicial adjustment and the deficiency of compensatory penalty judicial adjustment.The fourth part focuses on the problems of Chinese compensation for liquidated damages adjustment rules and puts forward suggestions on improving the procedure and existing laws for liquidated damages adjustment.The fifth part focuses on the problems existing in the judicial application of the rules of adjustment of punitive penalty and puts forward the construction of the identification rules,adjusting rules,limiting rules and special efficiency rules of the provisions of punitive penalty penalty.