违约金问题,一直是学者们探讨和研究合同法的重点内容之一。弄清楚违约金的概念、性质及定位,可以进一步完善市场经济中违约金制度。违约金是指按照当事人的约定或者法律直接规定,一方当事人违约的,应向另一方支付的金钱。违约金的标的物是金钱,但当事人也可以约定违约金的标的物为金钱以外的其他财产。 The issue of liquidated damages has always been one of the key issues for scholars to study and study contract law. To clarify the concept, nature and orientation of the liquidated damages, the liquidated damages system in the market economy can be further improved. Liquidated damages refer to the money that should be paid to the other party if one party defaults according to the agreement of the parties or the law. The subject matter of the liquidated damages is money, but the parties may also agree that the subject matter of the liquidated damages shall be other property than money.