摘 要：
普通艺人与知名艺人之间的商业地位不同带来了其法律地位的不同，他们与经纪公司签订的演艺经纪合同的性质也随之发生变化。普通艺人对经纪公司的依附性较高，签订的合同更贴近民事合同；知名艺人基于自身知名度形成的商业资源，俨然成为合格的商事主体，其与经纪公司签订的演艺经纪合同更贴近商事合同。不同性质的合同决定着违约金酌减规则的差异化适用：民事合同适用损害填补原则，违约金应当以实际损害为基础，兼顾预期利益进行酌减；商事合同重在体现商业逻辑，尊重商事主体基于商事交易判断约定违约金的主观意愿，故原则上不适用违约金酌减规则，以防止司法过度干预市场自由交易规则的运行。
关键词：违约金；酌减规则；演艺经纪合同；民事合同；商事合同
Abstract:
The different commercial statuses between ordinary artists and well-known artists lead to differences in their legal statuses, and the nature of the performance brokerage contracts they sign with brokerage companies also changes accordingly. Ordinary artists have a high degree of dependence on brokerage companies, and the contracts they sign are more similar to civil contracts. Well-known artists, relying on the commercial resources formed by their own popularity, have become qualified commercial entities, and the performance brokerage contracts they sign with brokerage companies are more akin to commercial contracts. Contracts of different natures determine the application of the rule of reduction of liquidated damages. Civil contracts embody the principle of compensation for damages, and liquidated damages should be reduced based on actual damages while taking into account expected interests. Commercial contracts reflect commercial logic, and the subjective will of commercial entities to agree on liquidated damages based on commercial transaction judgments should be respected. In principle, the rule of reduction of liquidated damages is not applicable to commercial contracts, so as to prevent judicial authorities from excessively interfering in the operation of the rules of free market transactions.
Keywords: Liquidated Damages; Rule of Reduction; Performance Brokerage Contract; Civil Contract; Commercial Contract
--
