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诚实信用原则在私法领域尤其在合同法领域具有重要的作用。有交易就有不诚信行为存在的可能,违约金伴随着交易规制和合同规范的产生而产生。长期以来,违约金被作为经济损失的补偿金而存在,在违约金的教育、惩罚作用并未被有效挖掘。在当今经济发展的背景下,适度放开惩罚性违约金进一步增加合同当事人蓄意违约的违约成本对于维护交易安全、促进经济秩序的进一步优化具有较大作用。
The principle of good faith plays an important role in the field of private law, especially in the field of contract law. It is possible for a transaction to have an act of dishonesty, resulting in the formation of a contractual breach of contract with trading rules and contract specifications. For a long time, liquidated damages have been used as compensation for economic losses, and the education and punishment functions of liquidated damages have not been effectively exploited. Under the background of economic development, it is more important to open up punitive liquidated damages and further increase the default cost of the parties involved in deliberate breach of contract in order to maintain the security of transactions and further optimize the economic order.