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违约金、定金、损害赔偿金(简称“三金”)在司法实践中起着惩罚违约、最终解决纠纷的关键作用。除当事人之间的特殊约定,目前我国《合同法》对于违约金和损害赔偿金明确为补偿性质。但对定金的性质,法律尚未界定,学者的研究也十分匮乏。而定金性质不清导致了司法适用的不统一,影响了当事人的合法权益,难以保障司法公正。文章通过分析实践中的案例;并回顾定金的特征;对比违约金、损害赔偿金,从而明确定金的惩罚性质以及它的实践价值。
Liquidated damages, deposit, damages (referred to as the “three gold”) play a key role in judicial practice to punish default and eventually resolve the dispute. In addition to the special agreement between the parties, at present, China’s “Contract Law” for liquidated damages and damages are clearly compensatory. However, the nature of the deposit, the law has not been defined, the study of scholars is also very scarce. However, the unclear nature of the deposit has resulted in the non-uniform application of the judicial system, affected the legitimate rights and interests of the parties concerned and made it difficult to safeguard judicial fairness. The article analyzes the cases in practice, reviews the characteristics of the deposit, compares the liquidated damages and damages, so as to clarify the punitive nature of the deposit and its practical value.