基于合同正义对合同自由的约束以及违约金的双重性质,对过高违约金的调整系合理且必要的。合同法及相关解释细化了违约金调整的操作规则的同时,亦给予了法官较大的自由裁量权。在符合调整前提的基础上,法官应依照不同案件情形,综合考量多种因素,合理确定调整违约金的幅度,从而平衡当事人的利益。 Based on the restriction of the contractual right on the contractual freedom and the double nature of the liquidated damages, the adjustment of excessive liquidated damages is reasonable and necessary. Contract law and related explanations refine the operating rules of liquidated damages adjustment, but also give judges a greater discretion. In line with the premise of the adjustment, the judge should be based on the circumstances of different cases, considering a variety of factors, a reasonable decision to adjust the margin of breach of contract, so as to balance the interests of the parties.