沈阳工业大学学报（社会科学版）2016，Vol.9Issue(6)：491-498,8.DOI:10.7688/j.issn.1674-0823.2016.06.02
违约金数额调整研究∗--基于司法判决的实证分析
Research on adjustment of amount of liquidated damages:empirical analysis based on decrees
摘要
Abstract
The 114th Article of Contract Law of the People’s Republic of China regulates the adjustment of liquidated damages, and the Supreme People's Court also conducted relevant judicial interpretations about it. However, clear interpretations have not been given about how to decide different natures of liquidated damages, and how to apply the detailed adjustment rules of liquidated damages, etc., which brings much inconvenience to judicial practice. Combined with the cognizance of adjustment of amount of liquidated damages of judgments in China, the attitudes and perceptions are investigated concerning the relevant issues of liquidated damages of judgments of courts. And the discretion problems in trial practice are analyzed so as to provide new perspective for the research and discussion of adjustment of amount of liquidated damages.关键词
合同法/违约金数额/违约金调整/赔偿性违约金/惩罚性违约金Key words
contract law/amount of liquidated damages/adjustment of liquidated damages/compensatory damages/punitive damages分类
社会科学引用本文复制引用
欧达婧..违约金数额调整研究∗--基于司法判决的实证分析[J].沈阳工业大学学报（社会科学版）,2016,9(6):491-498,8.基金项目
司法部课题(12SFB2036)。 （12SFB2036）
