目前,许多单位和个人在订立经济合同中给付定金已很普遍。它一来证明了合同的成立,二来也起到了保证合同履行的作用。但由于给付定金面广、量大,一旦发生纠纷很难处理,因此有必要对定金罚则的适用作一些探究。 一、当前给付定金存在的主要问题 1.给付定金范围和数额的随意性很大。在司法实践中,许多单位和个人订立经济合同时给付定金的范围很广,数额亦很少受限制,少则几万元、几十万元, At present, it is common for many units and individuals to pay down the deposit in entering into an economic contract. On the one hand, it proves the establishment of the contract and secondly it plays the role of guaranteeing the performance of the contract. However, due to the payment of a large deposit, a large amount, in the event of a dispute is difficult to deal with, it is necessary for the application of the deposit penalty for some exploration. First, the current payment of the main problems of deposit 1. The scope and amount of deposit paid arbitrarily large. In judicial practice, many units and individuals pay a deposit in the form of a wide range of economic contracts, the amount is rarely restricted, ranging from a few ten thousand yuan, several hundred thousand dollars,