The Liquidated Damages On Our Country's System Of Adjustment

The liquidated damages system as contract law is an important system, has been more for thousands of years, its economic and social development of play an important role. Along with the development of modern social market economy, legal liquidated damages to the stage of history, gradually exit and liquidated damages increasingly plays an irreplaceable role in the contract law provisions, is that the liquidated damages (hereinafter referred to as liquidated damages). As a kind of important liquidated damages liabilities for breach of the way, when compared to the other liabilities for breach way has many obvious advantages, its can avoid the trouble, makes the burden of jv party is rapidly gaining default relief. However, due to the liquidated damages for damage compensation is scheduled, often may with the default loss, even is a deviation, in order to maintain large deviation, world justice for inappropriate generally allow national intervention, liquidated damages Chinese contract law is the first 114 regulation system of the adjustment is liquidated damages. However, for a long time to adjust our academic system of liquidated damages the lack of deep research, often in research of the liability for breach of contract or book or thesis mentioned once. Therefore, the liquidated damages in China at present there are still many adjustment system problems need to be solved urgently.The author of this essay studies the liquidated damages in China is that the adjustment system. This paper is divided into four parts, the author firstly analyzes the world's two big law the similarities and differences, adjusting system liquidated damages in China and discusses the legal basis for adjusting system liquidated damages, then based on the first 114 regulation law of China were discussed in detail the reference datum, the liquidated damages amplitude adjustment problems such as size and reference factors, especially finally analyzes the deficiency of adjusting system liquidated damages, and puts forward some improvement Suggestions in the adjustment system. Liquidated damages In order to make this paper, the author has pointed the countermeasures in the form of the case again, after is discussed.The first part, the liquidated damages comparative investigation. Adjust system This paper analyzes in this part of the liquidated damages of two important legal systems of the origin and evolution system, and compares the similarities and differences of liquidated damages, adjust rules on the basis of the liquidated damages of two important legal systems are adjusted rules are also elucidated. The author thinks that Chinese contract provisions of the liquidated damages or comparative scientific adjustment rules.The second part, our country liquidated damages the legal basis for adjusting system. This section the author firstly analyzes the 114 regulation of Chinese contract nature of the liquidated damages that sets by is compensatory penalty due to breach of contract. On this basis, the author discusses the legitimacy of liquidated damages based in adjustment. The author thinks that the parties agreed to allow the liquidated damages not appropriate adjustment is compensatory liquidated damages the meanings of, but also the inevitable requirement of fairness and justice principles, and be helpful for protecting the interests of the parties of the parties and simultaneously standard behavior.The third part, the liquidated damages in the current adjust system. This section is actually for our current system of liquidated damages. The explanation of the adjustment The Chinese contract law and the concerned first 114 prescribed judicial interpretation are general, differences judge may have different understandings, prone to the phenomenon of different codefendant to. Therefore, from the liquidated damages the reference datum, the amplitude adjust the size and reference factors are analyzed in detail, and when loss for the liquidated damages than excessively adjustment rules and liquidated damages the adjustment rules below losses were discussed.The fourth part, for our current system evaluation and adjustment liquidated damages to the improvement Suggestions. This section is an important part of this paper, but also the main ideas of the author in parts. This part of the paper first reviews the current liquidated damages the positive significance of adjustment system, and then points out the existing shortage, then proposes the perfect recommendations. For the lack of substantive law, the author thinks that the most important is not explicitly liquidated damages, the author thinks that the properties of the liquidated damages should be compensated rather than punitive; Second is the default caused no loss in case no provisions, the author puts forwards his own some not mature suggestion; The scope of loss is again did not make clear a regulation, the author thinks that shall include profit loss. For the lack of procedure, first is to apply for liquidated damages the burden of adjustment no explicit provisions, the second is to judge whether initiative adjusted by authority, no clear rules for the judge whether there is again no clear cohabitancy right, finally is the provisions for interpreting the defaulting party application make necessary restrictions. No According to these disadvantages are put forward, in order to perfect recommendations to perfect our penalty adjustment system beneficial.