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随着经济的迅速发展,绝大多数的经济行为是以合同的方式完成的。近年来,合同的签约率逐年增加,但是合同履约率却很差,违约率比较高,而我国的《合同法》对于违约责任的规定比较笼统,本文就此提出了一些建议,如明确违约金的赔偿性和惩罚性或合理规制违约金数额调整的裁量权。
With the rapid economic development, the vast majority of economic activities are done through contractual means. In recent years, the contract signing rate has been increasing year by year, but the contract performance rate is very poor and the default rate is relatively high. However, our country’s Contract Law provides more general rules for the liability for breach of contract. In this paper, some suggestions are put forward, Compensation and punitive or reasonable regulation of the amount of liquidated damages adjustment.