违约金基本问题研究

On the Basic Concept of Penalty

对违约金概念的法律界定问题 ,在我国的合同法中至今还是一个空白。我国合同法上的违约金 ,应是一种违约责任形式 ,具有补偿性质 ,在特殊情况下还兼有惩罚性质。弄清楚违约金的概念、性质及定位 。

There is still no legal definition of penalty for breach of contract in China's present contract law. The proper definition of penalty should be that it is a form of liability for failures to abide by contract, with its nature being compensatory and, under certain circumstances, punitive. A clear understanding of the basic concept and nature of penalty will make for the improvement of the penalty system in China's market economy.