On The Issue Of Judicial Intervention Of Liquidated Damages

The parties agree or liquidate damages provisions of the law directly, and it is the basic way to maintain the effectiveness of the contract. Liquidated damages, as one of the basic forms of liability for breach, are widely used in the contractual relationship. In order to adjust the interest of parties, honesty, fairness and justice in the market environment, it is often required to intervening the liquidated damages in practice. The studies of this topic have different views. This article will contact the "Contract Law" Article 114 and the "Supreme People’s Court on the" Applies The People’s Republic of China Contract Law "Interpretation of Several Issues (Ⅱ)" relevant content to judicial interference penalty system theme, trying to explore the system’s theoretical basis and practical issues that can improve the system better This paper is composed of four parts.In the first part, I elaborates the judicial intervention on the basis of breach of contract issues, including the definition and the nature of liquidate damages. Try to demonstrate purpose and necessity of its intervention from a legal point of view.In the second part is about a comparison study of liquidated damages judicial intervention. The article will introduce the common law and civil law breach of contract payments, including the relevant provisions of the United Kingdom, the United States, France and Germany and so on. It will also analyze and compare the two legal systems, summing up the pros and cons of its. Then, I point out the two legal systems of the intervention model are different.The third part of the practice of law in judicial interference penalty system introduced. Among them, the intervention of the judicial system of liquidated damages applicable conditions as the core principles expounded adjustment of the system, the applicable conditions and other related problems.In the last part, on the basis of the previous section discussed, it is pointed out that China’s current system of judicial intervention in Liquidated damages has some problems. For example, the qualitative nature of liquidated damages and the standard of adjusting are not clear, and the program is not standardized. In the view of these problems, the article make some comments about thinking factors referred and clearing procedural requirements, which is the conception of this paper.