From Subordinated Obligation To Legal Obligation

The concept of Subordinated Obligation(hereafter abbreviated as SO), origining from the principle of Honesty and Credit,makes up the dificiency of legal obligations and contractual obligations in traditional civil laws and plays a more important role in protecting the personal and property rights of the parties of a contract.With the economic freedom,SO fulfilled the protective functions;however,under the circumstances of Social Production and with the economic concentration and prevailing monopoly, the subordinated and the civil characteristics of the SO hinder the protection of the public interests.Therefore,the state power involves in the contractual relations and SO becomes the Legal Obligation(hereafter abbreviated as SO LO) in economic laws.Compared with the focus on individual protection in civil laws,LO focuses on the protection on public interests through marketing governing.In addition,the Contract Law,as a part of civil laws,gives a positive react on the trend of the legalization of the SO,and strengthens the protective function of civil law to a great extent. As for the adjustment of the modern contractual relations,the individual protection in civil laws and the market governing in economic laws are dispensable,play different role and coordinate with each other and protect the individual and public interests together.Starting with the study of SO and the consideration of the trend of legalization of SO,this paper will discuss the development of SO in civil laws and its hint in economic laws and clarify the difference between protection of civil laws and governing in economic laws and eventually find out their different functions and coordination.Thus,this paper is divided as the following three parts: First Chapter:SO in civil laws——focus on individual protection.On the basis of the analysis of the common principles of SO,the author will study the origin,development and the deficiency of the interest-protective system of SO.Hereafter the author will not only express the well-known SO's characteristic of focus on personal protection but also the SO's deficiency of protecting public interests under the new social background.Second Chapter:LO in economic laws——analyzing in market governing.The author will first analyzing the background of the legalization of the SO,then discuss about how the LO in economic laws make up the deficiency of the SO in civil laws and finally elaborate the LO's characteristic of market governing in economic laws.Third Chapter:the relevance between the contractual relations and protection in civil laws and governing in economic laws.The author will first talk about the difficulty of the legalization of SO in economic laws, then the reaction of Contract Law towards the trend of legalization of SO and the different functions and the coordination of protective function of civil laws and governing functions of economic laws.Finally,the author will bring out his suggestions on the realization of the respective responsibility and coordination in the civil and economic legislature.Through the above the process of study and discussion,the author concludes as follows.First,SO in civil laws and LO in economic laws function differently in adjusting the contractual relations,the former focusing on individual protection and the latter highlighting the market governing.Second,the SO and LO play different roles and coordinate with each other and protect the personal and public interests in contractual relations together.