Forced Contracting Legal System

The doctrine of freedom of contracting origins most early from the ancient Rome Law. In 18, 19th century, the freedom of contract principle developed into the core of classical contract theory, and received the extremely high esteem. Why this doctrine was so popular in the civil law domain of non-monopoly capitalism time has its profound economical root and special political background. The principle of freedom of contracting depended on a series of hypotheses condition, which obtained maximum limit satisfying in the non-monopoly capitalism time. And this principle strength led the free thought ingenious to agree with the market condition of the non-monopoly capitalism time. Thus this principle is pushed to the acme, has become one of the three basic principles of classical contract theory.But along with social development, the capitalist society entered into the monopoly capitalism time, the hypotheses premise of principle of freedom of contracting which has departed from the reality social economy condition day after day. Absolute unlimited freedom of contracting evolved the tool of the strong parties to exploit the weak parties, more and more scholars started to examine this core principle of classical contract theory under the new social condition .Although those brand-new, more deeply discussion has not been able to vacillate the core status of principle of freedom of contracting in the civil law domain finally, but the people generally realized that, in the new economy social condition, in order to keep the stadility of social order and realize the substantive justice, must carry on the revision to the traditional freedom of contract principle, One kind of the revision is to construct the compulsory contracting legal system.Our country just transform to the market economy system from the high degree of concentration planned economy system. The civil law idea and autonomo should be positively propagated. But in the process of market economy developing, the large-scale monopoly enterprise, the...