A Study Of The Compulsory Contracting System

Just past the highly concentrated plan economy system, our country walks into the market economy system, the private law idea, autonomy thought still needs to be strongly promoted and advocated. But in the development of the market economy, the phenomenon that using their strong economic power and special market position, the large monopolistic enterprises and public service professions are violating the constumers' rights that placed in the weak position is not a few to see. Therefore, as the time to promote the contractual freedom thought vigorously, to fully arise the market entities' spontaneity and activity, a more thoroughly study on the compulsory contract system has an important value and meaning on theory and practical using.Currently, in our country, among various realms that involving the compulsory contract system, the service professions as public transportation, the medical treatment etc., are having problems that more outstanding. This text takes public service professions as examples to launch an argument, the textual material first in the detailed explanation forces the economic background which, in the theory basis foundation concludes a treaty the system to produce, to forces the scientific connotation which concludes a treaty and is in sole possession of the characteristic to make the induction, then through to several more typical case's analyses, and unifies our country to force to conclude a treaty system's legislative present situation, by analyzing several more typical case examples, expose the existing defects of the compulsory contract system in our country, thus put forward suggestion to make up loophole and to improve present condition, so that to attain the purpose of to combine a realistic social problem in expectation, and to enforce the compulsory contract law system of our country .The conclusion carried on generalization and summary of the text contents, defined the position of the compulsory contract in the modern contractual law. This part point out that under the new social conditions, as the modification of contractual freedom principle, the compulsory contract system, is the outstanding performance of the transition of the thinking form the modern civil law that pursues the justice in form to temporary civil law that pursues the justice in substance. As general principle, the meaning autonomy principle still exists, for the compulsory contract law system is just the exception of contractual freedom principle, not a total negation of it, nor occupies the essential position of the contractual law realm.