违约金具有补偿与惩罚的双重属性,且其属性会因违约金的种类以及合同的具体情形而不断变化。在选择以损害预设作为判断标准的情况下,我国《合同法》第114条所规定的违约金为补偿性违约金。我国《合同法》没有承认也不应当承认惩罚性违约金。在认定具体合同中违约金的性质时,仍然需要坚持损害预设的判断标准,在当事人约定不明,无法做出解释且未能达成补充协议时,可推定为补偿性违约金。 Liquidated damages have the dual property of compensation and punishment, and their properties will be constantly changing due to the type of liquidated damages and the specific circumstances of the contract. In the case of choosing to prejudice the default as a criterion, the liquidated damages stipulated in Article 114 of the Contract Law of China is a compensable liquidated damages. China’s “Contract Law” did not recognize nor should recognize the punitive damages. When determining the nature of the liquidated damages in a specific contract, it still needs to insist on prejudging the standard of prejudice. When the parties agree on the terms of the contract and can not make explanations and fail to reach a supplementary agreement, they can be presumed to be compensable liquidated damages.