Studies On The Compulsory Contracting Obligations

In the highest guiding principle of autonomy as private law, contractual classical theory stresses freedom of contract. In accordance with the freedom of thought, "contract that justice," people in accordance with their wishes to consult with each other make the meaning of expressing unanimous, which is the way the contract established, and also is an indispensable element. Any third parties, including the State can not interfere in the contractual relationship established. Therefore, in theory the traditional contract negotiations between the parties in accordance with the contract mean the only way to the establishment of this agreement, and no other way to the establishment of a contractual relationship.Along with economic and social development, the traditional contract theory is obviously out of the development of the times. The traditional contracting methods ignored the capacity differences between the two parties and the objective environment that could affect people. In real life, because of the development of technology, serious social menace increased. Moreover, the gap between social status and the relative economic strengthen the "strong" and "weak". The "Strong" easy to use their dominant position to reject unreasonably the contracting requirements of the "weaker", so that the "weaker" fundamental rights can not be guaranteed. In order to strengthen social protection of the public interest and the weak, achieve social justice, safeguard the healthy operation of the society, the compulsory contracting obligations is playing an indispensable role in modern society.However, in China, although there is the compulsory contracting obligations related research and legislation, but is still at the initial stage. The theoretical study led to a lack of legislation, in the judicial process, resulting in incomplete without the corresponding legal basis, many disputes can not be resolved properly. This requires us to explore in depth the compulsory contracting obligations, to improving China's legal system has an important theoretical and practical significance. Based on dialectical materialism, historical materialism, politics and economics, and other Marxist Theory as the guide, the historical analysis, comparative analysis, empirical analysis and other methods of the compulsory contracting obligations to study and explore the subject in depth, with the exception of the introduction and conclusion, this paper is divided into six parts.The first part outlines the obligations of the compulsory contracting obligations basic theory, the meaning of the compulsory contracting obligations, the nature, characteristics and types. State intervention is the most obvious features of the compulsory contracting obligations, to maintain social justice, protection of the interests of the weak, and the public interest point of view. One of the parties to make contracts and options contracts relative to the arbitrary restrictions on the freedom, through increased "strong" obligations and responsibilities to protect the "weaker", make dominant position in the party to have the compulsory contracting obligations, the parties may not refuse unjustified. On the basis of a comparative analysis of the compulsory contracting obligations associated with the concept of similarities and differences, with a view to have a more in-depth understanding of the basic theory.The second part of a detailed explanation of the emergence and development of the compulsory contracting obligations is the economic foundation and legal basis. The economic base determines the superstructure; the superstructure is bound by the law as the degree of economic development constraints. Along with the standpoint of the law changes, the evolution of justice, and the deepening of freedom, the concrete personality of the Abstract character, we can understand the macro background of the compulsory contracting obligations.The third part of a detailed introduction of the formation and content of the compulsory contract, through a comparative analysis between the contracts established by a compulsory and established by general contracting procedures, better grasp compulsory contracting is a special contract formation.The fourth part of a detailed exposition of the applicable principles and areas of the compulsory contracting obligations, the correct application and abuse was discussed in detail, with a view to a relatively clear understanding it's function. The fifth part of a detailed analysis the responsibility when breaching the compulsory contracting obligations, by introducing the different perspectives of responsibility, put forward to the nature and means of the civil responsibilities. That under specific circumstances it may constitute tort liability; sometimes it may also constitute a fault. In some cases, may also constitute competing responsibilities. Thus it can be provided as a separate responsibility. Their responsibility, from the legislative purpose of the inspection, is to fulfill the obligation, followed to compensate the losses suffered by the damages.The sixth part, through the assessment of our state of legislation and deep thinking, in light of the problems that exist, from five aspects make suggestions to perfect our compulsory contractual legislation.As we all know, a harmonious society is equity and justice as the core values of society. The further development and perfection of the compulsory contracting obligations, is conducive to the healthy functioning of social production and the improvement of living standards of the public, is conducive to the maintenance of social justice, promote social and public interests, protect the interests of the weak, and provide the legal guarantee for the comprehensive development of mankind.