A Study Of Compulsory Contracting System

The freedom of contracting is regard as the core of all systems of classic law theories.However,freedom of contract does not mean absolute freedom.If the one-sided pursuit of freedom of form,it will infringe upon the interests of vulnerable groups,contrary to the lease of justice.With the continuous development of the socio-economic,the traditional theory of the Department of freedom of contract can promote economic development, but obstacles to economic development.Modern civil law in order to pursue the lease of justice,safeguarding the interests of society as a whole,on the need to restrict freedom of contract.Legal system of compulsory contracting is mandatory in order to limit the freedom of contract arising.Its main purpose is to protect the interests of vulnerable groups to prevent a monopoly of the contracting parties against the use of its own advantages against the relative benefits of the people.China is socialist market economy,the state of economic macro-control should be mandatory.Legal system of compulsory contracting has also played an important role.However,legal system of compulsory contracting in China is not perfect legislation,there is a lot of defects.This article attempts to discuss the legal system of compulsory contracting.Besides the introduction,the conclusion,the text is divided into three parts. The first part of the main parties from the theory of compulsory basic, broad and narrow sense,forced contracting,the compulsory basic types of parties,forced and compulsory nature of the contracting parties and the difference between the legal concept of the five parties on the enforcement of basic legal theory of state.Article first introduced some main of the basic theory of the system of compulsory contracting.And on the broad concept of mandatory contracting parties to narrow the concept of mandatory analyzed.Next introduce a mandatory system of contracting under different standards,can be divided into different.Re-introduction of the mandatory parties down by the nature of the unique.Finally with the introduction of the mandatory format for the contract parties,forced transactions,contracts and other orders of the difference between related concepts.The second part of the main parties from the mandatory application of the obligation and the parties in violation of the law enforcement aspects of the mandatory duty of these two parties to set out the theory.First of all,the mandatory application of the parties should comply with the legal principles are:the principle of public order and good customs;the principle of good faith;the principle of protection of vulnerable groups;the principle of prohibition of abuse of rights.Secondly,the mandatory application of the main parties in the following areas:public enterprises or in accordance with the law the status enjoyed by the operators of monopoly;medical and health fields;the insurance industry and other areas.Finally,contrary to mandatory legal duty of the main parties are civil liability,but also includes administrative responsibility and criminal liability.The third part of the main parties from the obligation to our country the status of mandatory and how to improve the system of our country both mandatory contracting parties to the compulsory elaborate theory.First of all,the compulsory introduction of China's legislative status of the contracting system,China's laws in the field of public services;medical and health fields;insurance and other areas of the mandatory obligations under the provisions of the parties.Secondly,the article analyzes the system of compulsory contracting legislative deficiencies which exist.Mainly includes:Mandatory obligation to the parties narrow the scope of application;mandatory conditions apply to the parties is not clear;people promised by the time the offer of uncertainty;in violation of mandatory legal duty Parties not complete.Finally,my article on improving the system of compulsory contracting proposals:Additional parties on the general provisions of the mandatory;to expand scope of application of the mandatory contracting;explicit mandatory conditions of the applicable parties;clear commitment by the offer to make the time;a well-established party in violation of mandatory legal duty obligation norms.The first half of the article on mandatory parties made a conceptual introduction and discussion questions,combined with the latter part of the main case to analyze the existence of our country forced contracting issues and put forward relevant proposals with a view of our system of compulsory contracting benefit theory and practice.