我国合同法中违约金责任的成立及违约金的调整研究

China penalty responsibiltiy’s forming in contract law and penalty adjustment research

赔偿性违约金的调整基准为违约造成的损失包括可得利益的损失,法院在行使减额裁量权时可借鉴我国台湾地区民法"一部履行之酌减"的立法例,比照因一部履行所受之利益,减少违约金。对于惩罚性违约金的减额,可参酌我国现有的相关惩罚性赔偿的立法例,由法院行使自由裁量权。

Compensatory adjustments to the base of liquidated damages for breach of contract losses, including loss of possible benefits, the court reduced the amount of discretion in the exercise of the right can learn from China’s civil law in Taiwan, ＂reduce it a fulfillment of＂ the legislative cases, perform the same due to a subject to the interest of reducing the penalty. For punitive reduction in the amount of liquidated damages may be related to the light of our existing legislation punitive damages cases, by the court to exercise discretion.