Punitive Liquidated Damages Legal Rules Apply Research

In the case of "Zhou Xianzhi,Yu Meifang and Zhongan Real Estate Commercial Housing Sale and Purchase Contract Dispute Case" gazetted by the Supreme People’s Court,the court determined that the breach of contract stipulated in the contract is of a punitive nature,which is a constraint on the performance of the contract by both parties.And in recent years,the frequent occurrence of default events has led to a surge in the number of such cases accepted by the court,and the maintenance of contract stability has been hindered.By examining more specific cases,it can be found that in the application of punitive liquidated damages by local courts,there are inconsistent judgments,which will affect the authority of the law and the credibility of the judgment.Especially after the promulgation of the Civil Code,the specific application of punitive liquidated damages,judicial adjustment rules and the relationship between damages are still unclear.In practice,whether to apply punitive liquidated damages and how to apply them are still unclear.There are many controversies.This study intends to discuss these issues to better serve judicial practice.In real life,it is not uncommon for the parties to agree on punitive liquidated damages in contracts.There are also provisions in the contract that stipulate punitive liquidated damages.However,when it comes to application issues,different problems will arise.In the current social environment with lack of integrity and frequent breaches of contract,it is necessary to respect the autonomy of the parties and agree on the application of punitive liquidated damages.This study believes that the punitive liquidated damages are classified and fair,with the teleology as the basic path and the responsibility parallel theory as the objective standard,to construct the punitive liquidated damages identification standard;at the same time,the application of punitive liquidated damages is the realization of liquidated damages It is necessary to allow its existence and maximize its dual functions;in the context of the development and integration of world civil law,it is even more necessary to apply punitive liquidated damages.The initial refusal to gradually ease is justified.Although the application of punitive liquidated damages is necessary,it should be limited in its application process,including the subject,conditions,subjective faults of the parties,and adjustment rules for judicial intervention,etc.,which are the legal rules for punitive liquidated damages.The application provides a more suitable institutional environment.This study believes that under the legislative background of the promulgation of the Civil Code,relevant judicial interpretations should seek a more appropriate regulatory path,and the legal application of punitive liquidated damages should be continuously optimized in practice to achieve freedom of contract.Unity with substantive justice.This research is divided into four parts for discussion: Chapter 1 summarizes three typical cases by consulting a large number of judicial practice cases,summarizes the focus of disputes,and draws out problems;Chapter 2 points out the dilemma in the application of punitive liquidated damages,and analyzes how to Identify punitive liquidated damages and the viewpoints of Chinese theoretical circles on punitive liquidated damages;the third chapter takes the classification of liquidated damages as the starting point of the study,affirming the dual function of punitive liquidated damages in my country,and at the same time,focuses on analyzing and drawing lessons from the two legal systems on the The development background and research status of punitive liquidated damages,and examine the punitive liquidated damages system in my country;the fourth chapter optimizes the application of the punitive liquidated damages system from four aspects: applicable subjects,applicable conditions,judicial adjustments,and legal suggestions.and functional remodeling recommendations.