论合同解除与违约金责任的适用关系

On the Application of the Termination of the Contract and Liquidated Damages

依解释论,合同解除后不能再要求承担违约金责任,只能要求承担赔偿损失责任;依立法论,则应当允许在合同解除后依约定要求承担违约金责任,且违约金责任应优先于赔偿损失责任适用。

Based on the current contract law, After the termination of the contract, compensation for losses can be requested, but liquidated damages can＇t be asked for. However, in the future to modify the contract law, liquidated damages should be allowed after the termination of the contract. And it should be applied as priorities in the compensation for losses.