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合同成立并生效后,对于合同履行风险的防范以及发生风险后的救济,关系到合同当事人利益的保护、合同履行的正常秩序、交易安全以及法律正义的实现。违约金是最广泛地被采用的措施之一,本文试根据我国《合同法》的规定和笔者的经验,探讨违约金适用的有关理论问题,并就实务操作提出几点建议。
After the contract has been established and takes effect, the prevention of the contractual performance risk and the relief after the occurrence of the risk are related to the protection of the interests of the parties to the contract, the normal order of performance of the contract, the security of the transaction and the realization of legal justice. Liquidated damages are one of the most widely adopted measures. According to the provisions of the Contract Law of our country and the author’s experience, the paper explores the theoretical issues applicable to the liquidated damages and puts forward some suggestions on practical operation.