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违约金作为合同当事人一方一项重要的救济权利,历来受到法学界的重视。随着我国市场经济体制的逐步确立,违约金的法律地位越发显得重要。违约金概念的界定及其特征、违约金的适用条件及其数额的调整等一系列问题的理清,对于合理有效地利用违约金条款从而维护交易的稳定和安全有至关重要的意义。本文就这些问题做了一些肤浅的研究,并就违约金的使用制度提出了具体的建议。
Liquidated damages, as one of the parties to the contract, is an important remedy right and has always been valued by law circles. With the gradual establishment of the market economy system in our country, the legal status of liquidated damages becomes more and more important. The definition of liquidated damages and its characteristics, the application of liquidated damages and the adjustment of the amount of liquidated damages clarify a series of issues. It is of crucial significance for the reasonable and effective use of the terms of liquidated damages in order to maintain the stability and security of the transaction. This article does some superficial research on these issues and makes specific suggestions on the system of using liquidated damages.