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依照意思自治的契约精神,当事人可以在民间借贷中约定数种违约金以及违约金的比例和额度,但违约责任一方面固然要承认私法自治和契约自由,另一方面又要防止权利滥用造成事实上的不公正而承认公法干预的合理性,对这种制度的价值选择直接关系到私人利益和社会秩序。违约金作为一种预先确定的违约责任,其与违约情形间存在对应或牵连关系,表现在司法上,应根据违约的具体情节,对交易主体间事实上的不平等给予适当的平衡,使当事人确立的契约条款公平化。
In accordance with the contractual spirit of autonomy of autonomy, the parties may stipulate the proportions and amounts of liquidated damages and liquidated damages in private lending. However, the liability for breach of contract, while acknowledging the autonomy of private law and the freedom of contract, on the one hand, and preventing abuse of rights, on the other, On the injustice and recognition of the legitimacy of public law intervention, the value of such a system of choice is directly related to private interests and social order. As a pre-determined liability for breach of contract, liquidated damages correspond to or implicate the relationship between breach of contract and default. In terms of the judiciary, liquidated damages should be appropriately balanced according to the specific circumstances of the breach of contract to de facto inequalities between the parties to the transaction, Established contractual provisions fair.