Mandatory Contracting System

Compulsory Contracting system is a way to restrict the principle of freedom of contract. But the system has based on the changes of the social background. It thrives from the objective needs of economic life. With the continuous development of socio-economic, public utilities have emerged in many large enterprises. Because they seize the only resources of the nature, which makes people can not live without, they use the economic advantages right to choose the conclusion of the contract possible. This phenomenon will hamper the healthy development of the economy, and the legitimate rights and interests can hardly be protected. Accordingly, States parties have developed for mandatory legal provisions, in order to resolve the two parties in the economic inequality and asymmetric information. Mandatory abuse of the contracting parties obligations and the right to choose a relative to the contradictions and conflicts. For the moment, however, our country was in a period of rapid economic development. There are also parties for compulsory urgent needing of objective, but in China's theoretical circles for mandatory parties still in the study in Clarifying the concept stage and a deeper level of their relatively limited. Theory reserves not yet in place. In judicial practice, the mandatory contracting legislation lags behind the actual development needs, and are often resulted in the existing legal provisions Out of the embarrassing legal basis. Thus, the establishment of mandatory contracting system has become the trend of the times. The main contents of the contracting system is compulsory from the basic concepts, as well as legislation to improve the situation several aspects of research. The author put forward a number of views and proposals in the hope that the system can study the role of a connecting link.This paper is divided into four main parts. Each part of the following involves major elements:PartⅠ: Mandatory contracting system analysis of the cause in this part. The author mainly from the mandatory system of contracting the social environment, values and the system is the need to be described in detail three angles. Compulsory contract system might be in a community that the two extremes of the party in the possible conclusion of the contract, the rights and obligations of both parties to regulate, in order to determine the two sides and conclude the contract's expectations for the future establishment of mandatory parties.PartⅡ: In this section, the author introduce the definition of compulsory contract, and its connotation extension, characteristics and the specific circumstances. Parties should include mandatory offer and compulsory commitments, and through the compact with format contract and other types of contract, we could make the meaning of the concept clearly.PartⅢ: Violations of the mandatory liability obligations of the parties to explore nature. In this part, the author of a violation of treaty obligations in the enforcement of civil liability law on the responsibility, and the mandatory details of the specific performance contracting case. Through analysis, the authors put forward his own views: violations of the mandatory liability contracting system should be the responsibility of the contracting fault.PartⅣ: Compulsory contracting system in China's legislation is a new problem to resolve. In this section, the author introduce the local environment. And from the existing environment of the compulsory contract system has its possibility and necessity. In this section, the author pointed out that China's enforcement of the various parties, and in view of the civil legislation of these issues, the improvement of legislation put forward some suggestions.This paper on the research about the compulsory contracting system introduced the social background, concepts, the legal responsibility in civil law, and how to improve the system. To make the contract system to be more perfect is what the author looking forward to.