论违约金的法律规制

On The Normaliazation Of Damages For Breach Of Contract

对违约金进行法律规制的途径包括立法和司法两个层面,其法理根据来源于合同正义的要求和违约金自身的属性。基于合同自由的神圣地位,对违约金的法律干预应持相当克制的态度。我国合同法规定的违约金数额调整制度在违约金规制中发挥着主导作用,但仍有进一步完善的必要。

There are two ways to normalize damages for breach of contract, legislation and judicature, which are on the basis of the requirements of contract justice and the property of damages itself. In order to protect liberty of contract, the court should only have limited power. The adjustment of the amount of damages for breach of contract provided by RPF Contract Law plays a leading role in the normalization, and it is aiso necessary to be perfected further.