A Study On The Legal Regulation Of Excessive Liquidated Damages

The penalty system is an important contract responsibility throughout the contract law liability system,its purpose is to urge the parties to the contract system to actively fulfill its contractual obligations or to punish the defaulting party,the non breaching party compensation.But in the complicated environment of market economy,the status of contract relative merits,prudent degree,the terms of the contract understand the depth of objective factors such as the existence of the contract breach of the provisions vary,even from the breach of the system trajectory,contrary to the original intention of the system of penalty,in the practice is the frequency with "high price penalty".Under the background of the concept of "justice",which is absorbed and advocated by the civil law system,the high liquidated damages can not be accepted by theory and practice.In order to achieve the relative fairness between the parties in the contract,the corresponding provisions of the contract law and the interpretation of the contract law two are set up the regulation system of excessive liquidated damages.However,the provisions of principle,statements are too sketchy provisions,which makes the theoretical circles on the nature of liquidated damages,liquidated damages are too high,the penalty is too high adjustment issues debated,in practice only in the absence of operational provisions under the guidance of the referee according to the referee's understanding,the applicable law is not unified,serious damage to the credibility of law,maintenance of fair contract become empty.Since,our country academic research on the legal regulation of the breach of contract damages are too high is not much,the study on the liability for breach of contract and breach of contract system of many a masterpiece of literature rarely more comprehensive discussion of legal regulation of default payment is too high.And,in the strict sense,breach of legal regulation of high gold itself is a combination of theory and practice of the subject,is not pure sense of the topic,but few scholars through empirical analysis to prove.Therefore,in dealing with the specific breach of legal regulation of gold high on the attitudes and opinions of the judiciary is not uniform,some problems still need to be clarified.The introduction of this article mainly introduces the purpose and significance of the research on the legal regulation of the excessive liquidated damages,the research methods,the research background,the literature review,the innovation of the research and the shortcomings of this article.The main body is divided into four parts,as follows:In the first part,the author expounds the value of the legal regulation of the excessive liquidated damages.First of all,this paper introduces the current understanding of the nature of liquidated damages in our country,analyzes and puts forward the author's views on the nature of liquidated damages.Secondly,this paper explains the connotation of the high liquidated damages and the legal troubles.Finally,the author discusses the legal regulation and the legal basis for the excessive liquidated damages,and demonstrates the necessity of the legal regulation of liquidated damages from the perspective of jurisprudence.In the second part,combined with the case statistics,the basic problems of the legal regulation of excessive liquidated damages are derived.First of all,focusing on the determination of the liquidated damages is too high,reflecting the characteristics of three aspects: the initiation of the procedure,the exercise of the right to interpret and the distribution of the burden of proof.Secondly,the adjustment is too high around the default,reflecting the adjustment base,adjust the way,the adjustment of the two characteristics.In the third part,on the basis of case statistics,the author makes an analysis of the judicial situation and points out the problems reflected in the practical characteristics.In the fourth part,the author puts forward the concrete ideas of perfecting the legal regulation of liquidated damages.First of all,this paper puts forward the idea of perfecting the rules for the determination of the liquidated damages too high.Secondly,the author puts forward the idea of perfecting the adjustment rules of the excessive liquidated damages.