Is liquidated damages an administrative penalty?

1. Is liquidated damages an administrative penalty? According to the Administrative Punishment Law and other laws and regulations, China's administrative punishment can be divided into the following categories: 1, administrative detention. 2. Reeducation through labor. 3, ordered to suspend production and business. 4. Suspend or revoke the license and business license. 5. all right. It refers to the punishment that the administrative subject forces the actor to bear the obligation to pay the down payment and requires the actor to pay a certain amount of money within a certain period of time. 6. Confiscation of property (confiscation of illegal income, confiscation of illegal property, etc. ) .7. Warning. 8. informed criticism. Fines belong to the category of administrative punishment, including personal punishment, property punishment, behavior punishment and admonition punishment. According to this classification, fine is a kind of property punishment, which means that the administrative subject with the power of administrative punishment forces the actor who violates the administrative legal norms to pay a certain amount of money to the state according to law. For example, the industrial and commercial departments impose fines on enterprises that operate illegally. Compared with fines, liquidated damages have a clear legal definition and basis. Article 585 of the Civil Code stipulates: "The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of losses caused by breach of contract." Of course, there are other ways to bear the liability for breach of contract, such as compensation for losses, penalty for deposit, and continued performance. The two sides are equal subjects with rights and obligations based on contracts. According to the principle of contract agreement, whoever violates the contract agreement will bear the corresponding liability for breach of contract, usually by paying liquidated damages. Generally speaking, the liability for breach of contract is a kind of contractual liability. As long as it is not illegal, the contract is binding on both parties. Therefore, liquidated damages and fines are different restrictive parties, and liquidated damages do not belong to administrative punishment. Generally speaking, a fine is a monetary punishment imposed by the law on the subject who violates laws and regulations, and a fine is a compensation given to the other party when violating the contract provisions of both parties. The two are different. In our daily life, when we sign a contract with others and enterprises, we should read the contents of the contract carefully to ensure our legitimate rights and interests and avoid unnecessary losses.