Research Of Forced Contracting System

Civil law had a great development in 19th century, it was also a golden age of freedom of contract at the same time. World economy developed quickly under the instruction of principle of freedom of contract. But, when it entered to 20th century, with the intensity of monopolization and great development of public enterprise, it was a serious question how to protect weak group'right, such as consumer'right, labourer's right and so on. In order to balance benefit of power and weak to make the fairness and justice come true, we must restrict formed freedom of contract. The power's right can be limited by forced contracting system to protect weak's benefit, substantial justice will be come true in the end.This paper uses method of case analysis, it introduces forced contacting system by case of taxi driver refuse to carry passenger, it introduces concept of forced contracting system, confines of forced contracting system, cause and effect of forced contracting system, properties of civilian responsibility of violating forced contracting obligation. Meanwhile, this paper uses method of comparison analysis to compare forced contracting system between Western countries and China to absorb Western experience to improve forced contracting system in our country. Except for introduction and epilogue, this paper divide into three sections,sectionâ… ,introduction of case,sectionâ…¡, this part analyses main disputed focal question in lawful way,sectionâ…¢, thought and advice about this case. This paper will stress to introduce lawful responsibility of violating forced contracting obligation. Because if properties and undertaking pattern of lawful responsibility can't be clear, the interest of damaged party won't be compensated, It is also very difficult to realize really lawful justice, then, forced contracting system won't play an important role in our society. So, this paper will stress to analyses responsibility of violating forced contracting system. This paper introduce forced contracting system by the way of combining case and lawful theory, it presents the default of forced contracting system, and offer relevant advices, and it may will be helpful for theory and practice of forced contracting system of our country.