On Several Problems Of Liability For Breach Of Contract Under Commercial Thinking

At present,due to the change and influence of the domestic macroeconomic environment,the phenomenon of commercial transaction default is more prominent.Adopted in our country at present is the unity of civil and commercial legislation mode,according to a civil dispute and commercial dispute and no unified standard,no idea and system,build perfect commercial trial did not confirm the independent status of the commercial law responsibility,the unity of the existing civil and commercial legislation style and general liability for breach of contract provisions have been unable to deal with commercial disputes in the new legal problems,combined with the judge ignored in commercial trial use of commercial thinking,often make the judgement cannot reflect is fair.In this paper,after the first trial,second instance and retrial of commercial disputes as the breakthrough point,through the analysis of the result of the trial process and the referee,extract suitable for commercial trial way of thinking and concept,elaborated in the proper use of commercial law in the trial of the people's court of the thinking and commercial judge the rationality of the commercial contract disputes,the necessity principle,try to explore the related issues of the commercial law responsibility in order to make up for the inadequacy of the current commercial legislation,in order to make the more practical,so as to safeguard the interests of the business subject,as well as maintaining the authority of law.Firstly,this paper discusses the judging standards of commercial disputes based on relevant theories,and expounds the fit between commercial thinking and commercial disputes and its application in the practice of trial according to the judicial practice and related judicial concepts and its particularity.Secondly,this paper confirms the concept of commercial legal responsibility and analyzes the independence of its responsibility.Combining the particularity of commercial legal responsibility and the remedies for breach confirmed in the current contract law,it summarizes five remedies for breach suitable for commercial trial practice.Finally,this paper clarifies the nature and function of liquidated damages under commercial thinking,elaborates the necessity of applying both damages and liquidated damages in the liability for breach of contract,and makes necessary analysis on the adjustment of liquidated damages and puts forward some opinions.