| The concept and the value of the contract are always the fundamentality of direction on contract legislation. The essence character of civil law is the private law, while the principle that the freedom of contract is symbol indicating that the private law is improving in the modern times. The idea of the freedom of contract budded from the Roman law which takes the peace and the autonomy of private law as the ultimate solicitude. The appearance of the modern capitalism formed the freedom of contract into an integrity value system which is on a humanism valuable basis, Representative Democratic Government System as political guarantee, market economy as rooting soil, and springs up becoming one of the major principles in modern civil law. The concept of autonomy of private law and the mind of the contract freedom sooner be adopted and set up into each detailed items being the core and soul crossing the contract system.In our country the contract legislation presented deviation at the right beginning due to the especially situation and history reasons of our country. As a result of the effect of Chinese traditional idea, long time astriction for the planned economy, the prevalency of the national administration power, short of the concept of the contract is not only show on the legislation but also on the mind, mostly on the mind. Especially the 30 years since establishment of our country, we were far from coming into the traditional contract concept left in the civil law, even not able to establish a system of law which could be called The Contract Law. The whole society is working in a high concentration of planned system, so contracts just kinds of forms, tools that ensure the implement of policies. Therefore, can say that the so-called concept of autonomy of private law could not establish really always in our country, the vigour of contract freedom could not also become the guiding ideology of contract legislation. Only this kind of reason , cause the contract legislative case of our country of presenting position, especially " economic contract law " , " the economic contract law concerning foreign affairs " and " technical contract law" 3 foot stand tall , make realistic contract law more and should Ran contract system run in the opposite direction. This kind of deviate from to say is the best footnote of our country of the fragile present situation of rule by law, also untie from another aspect to read out the contract concept of our country is short of to lose to read with mistake. Natural, this 3 contract laws have difference each since preparing time and background, in which, can also reflect somewhat to attempt to get rid of the planned economic effort tied and for contract system should Ran sex explore, but because of the concept for autonomy of private law, the vigor of contract freedom has no essential knowledge and understanding, so, can not also change this 3 contract laws to planned economic system place Tong the fate taken. Till < contract law > make finish 3 foot the situation of standing tall , improve civil legislation in scatter , 0 confused, non-standard condition, the preliminary operation that shows our country to coordinate socioeconomy with the strict attitude of rule by law. At the same time, contract law still combines the social and economic development of our country characteristic, accept some advanced theoretical and foreign advanced legislative accomplishments, absorb the cream of flower beautiful law department and continent law department, to meet the needs of the development of our country of socialist market economy, more important is made the concept of autonomy of private law with contract freedom vigour have reset. Though, this kind of reset still has some problems, still reserve some is short of regret, but can believe, pass through the development of research contract law course, go to discover contract concept and revise contract law according to this, make concept and the vigor of contract gradually mature in the law of our country and perfe...
|
PDF Full Text Request