有的学者认为,合同已经解除,一方无权要求对方负担原合同中规定的违约金、定金责任,因为违约金与定金条款均为原合同的一部分,不具有独立性,原合同被解除而终止,则违约金、定金条款亦随之终止,因此不能要求对方承当违约责任,只能追究缔约过失责任。 Some scholars believe that the contract has been lifted, one party has no right to require the other party to bear the original contract in the liquidated damages, deposit obligations, because the liquidated damages and the terms of the deposit are part of the original contract, do not have independence, the original contract was terminated and terminated , Then the liquidated damages, the terms of the deposit also will be terminated, it can not require the other party to bear the liability for breach of contract, can only be held accountable for fault.