Abstract：Socialism with Chinese characteristics has entered a new era. Respecting the autonomy of will in private society is a fundamental manifestation of the people-oriented principle, while contract freedom is an important embodiment of private autonomy. In the process of the conclusion of a contract, the two parties regulate the interest relationship between them through the penalty clause, which is essential to contract freedom. Penalty can be classified into punitive penalty and compensation penalty. At present, there is no clear provision in our legislative and judicial practice for punitive penalty. To build a smart society, we need to recognize and accept punitive penalty. This is an important measure to reflect the people-oriented principle and conduct reform at national system level. It is true that punitive penalty provides provisions for the two parties to handle future probable affairs, and it concerns significant interests of both parties. Therefore, it is the duty for legislative and judicial bodies to properly adjust their stipulations in accordance with the principle of fairness, justice, and the balance of interests.
王利民, 宫双霞. 惩罚性违约金的接纳与规制:以当事人中心主义为视角[J]. 《深圳大学学报》（人文社科版）, 2019, 36(2): 74-82.
WANG Li-min, GONG Shuang-xia. Acceptance and Regulation of Punitive Penalty from the Perspective of Adversary System. , 2019, 36(2): 74-82.
2019, Vol. 36 
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