Forced Contracting Research

With the development of social economy conditions from the beginning of the 20th century, a series of hypotheses such as abstract equality of human beings, completely free market (the basis of classic contract theories Whose core was contract freedom) have been proved to be completely deviating from the reality, which caused a series of unjust social phenomena. Hence it's necessary to make amendment to the classic contract theories such as placing certain restrictions on contracting freedom. Imperative contracting is one of the methods to restrict contracting freedom. It plays a indispensable role in protecting interests of inferior communities, realizing injustice of contracting and safeguarding interests of country and society. However, the imperative contracting hasn't called much attention in our country's legislative circle. This article intends to study on it and has raised its own opinions on improving the country's imperative contracting system.It is commonly agreed that imperative contracting is equal to compulsory acceptance, but by analyzing the process of contracting and specific restrictions of imperative contracting on contract freedom, the article agrees that the definition of imperative contracting needs enlargement. The summary is as follows: The legal obligation of contracting with the other party objectively or passively and accepting confinement on freedom of stipulating contents and canceling the contract.As a kind of legal system, imperative contracting has its own characteristics. The article has analyzed it from four aspects: process of contract establishment, common existence of tacitly promising in the process, enforcement of it and comprehensive legal regulations, so that deepened understanding of it.In order to more correctly grasp its intension and extension of imperative contracting, the article classified it according to certain standard and discusses all these categories. According to whether there areclear legal stipulations, the article has classified it into direct and indirect imperative contracting, and also made keeper classifications according to the interests of individual, society and country respectively protected by it. The article also probed into distinguish between imperative contracting and some other concepts, clarified its distinction with concepts or phenomena such as forward contract, format contract, legally stipulated contract, forced trading, avoided possible confusion with relevant concepts to the greatest degree.The article then argued legal responsibility rules against imperative contracting obligations, legal responsibilities include civil, criminal and administrative responsibility possibly responded respectively or simultaneously by one who has violated the obligations of Imperative contracting. With a function of punishing, preventing and compensating, these legal responsibility regulations are indispensable to guarantee the imperative contracting system play a proper role. They are commonly emphasized in law of many countries.At last, the article says: to develop our country's socialist market economy, we should positively propagate the idea of contracting freedom on one hand, and impose necessary interference on the other hand in order to avoid producing a large number of injustice and other phenomena damaging common interests, deviating from present direction of legal value, hence we must pay enough emphasis on the imperative contracting. As to improve stipulations on imperative contracting in our country, we can set about in ways such as following: Enlarging existing scope of imperative contracting obligations; adding some general legal rules about imperative contracting and perfecting responsibility regulations against imperative contracting obligations.