Research On The Adjustment Of Liquidated Damages In Entertainment Agency Contracts

With the rapid development of the cultural and entertainment industry,disputes over breach of performance agency contracts have become frequent.However,as a new and non-typical contract,the nature of performance agency contracts is complex,and they have their own characteristics,which affect the application of breach of contract penalty adjustment rules.In judicial practice,there are issues with breach of contract penalty adjustment for performance agency contracts,such as the failure to consider the characteristics of such contracts,and the ambiguity of the standard judicial practice for penalty adjustment.This article proposes suggestions for improving breach of contract penalty adjustment rules for performance agency contracts by examining their nature and characteristics and addressing the problems that exist in penalty adjustment for such contracts.Chapter 1 introduces the current situation and characteristics of breach of performance agency contract cases,including the criteria and approach for selecting cases,analysis of selected cases,and the identification of characteristics and reasons for breach of contract penalty adjustment.Chapter 2 analyzes the retrieval and selection of cases,and identifies two issues of contention: the nature of performance agency contracts and the adjustment of penalty amounts for breach of contract.The chapter concludes that performance agency contracts possess personal attributes,industrial attributes,and commercial attributes,and that there are differences of opinion regarding whether and how to adjust breach of contract penalties for such contracts.Chapter 3 summarizes two problems in breach of contract penalty adjustment for performance agency contracts that were revealed through analysis of selected cases and the identification of issues.These problems are the failure to fully consider the characteristic of performance agency contracts,and the ambiguous standard judicial practice for penalty adjustment,which includes not taking into account all factors when adjusting penalties and the unclear burden of proof in cases where breach of contract penalties greatly surpass actual losses.Chapter 4 proposes suggestions for improving breach of contract penalty adjustment for performance agency contracts based on the aforementioned findings.The suggestions include considering the personal,industrial,and commercial attributes of performance agency contracts during the adjustment process and following the principle of distinguishing between civil and commercial cases,adjusting breach of contract penalties for performance agency contracts with significant commercial features using a commercial approach.Furthermore,specific standards for breach of contract penalty adjustment for such contracts should be established,taking into account all factors,carefully determining the extent of penalty reduction,and exercising prudence in "re-reducing" penalties on appeal.Finally,the burden of proving "breach of contract penalties that greatly surpass actual losses" should be reasonably allocated.In principle,the burden of proof should fall on the breaching party,but in cases where the brokerage companies is the breaching party,and it is difficult to prove,the "preliminary proof of the breaching party" principle may be applied.