Mandatory Contracting System

The principle of freedom of contract was once dominant in the 19th century. But with the development of society, unrestricted freedom of contract has become tools by which the strong exploit the weak. The principle of freedom of contract must be restricted reasonably to maintain social order and stability, and promote the development of social civilization. Require the offeree to conclude contracts with the offerer when the offeree has no justified reasons.This paper discusses the basic content of the forced contracting system,and the underlying reasons of the forced contracting system,reveals the real problems and legislative shortcomings on the forced contracting system in China. Comparatively analyze the forced contracting system in the countries and regions concerned. Put forward suggestions on improving the legal system of China's forced contracting system. The full text is divided into five parts : Part I, Part II, Part III, Part IV, Part V .Part I, the outline on the forced contracting system . Firstly, this part discusses the concept of the forced contracting system. On the concept of the forced contracting system, the main views in accordance with the parties and the different content can be divided into Broad and Narrow Views. Narrow View refers to the case the offeree losses freedom of contract . Broad View includes Narrow View, and also includes the cases the offerer only loses freedom of contract, the offerer only loses the freedom of choosing the offeree, and the offeree only loses freedom of choosing the offerer. The view that the forced contracting system includes content-type forced contracting system, object-based forced contracting system and compulsory commitments also can be divided into Broad View. Secondly, the part introduces types of the forced contracting system . According to different classification criteria, the forced contracting system will be divided into direct and indirect forced contracting system, absolute and relative forced contracting system, the general mandatory contracting system, mandatory contracting system under the particular provisions and mandatory contracting system in "no restrictions on competition law ", as well as the limitation of public law and the limitation of the private law and the social law . Finally a comparison on the distinction between the format contracts, the administrative contracts, leases and booking orders. Analyzes the forced contracting system from the angles of legislative intent of the contracting system, the system of intent, and value orientation to distinguish the system and a number of related concepts .Part II, on the principle of freedom of contract and the forced contracting system. This part introduces the historical stream of the principle of freedom of contract, pointing out that the Freedom of contract was born out of the earliest Roman law, and it has become the core of classical contract theory with the development in the 18th and 19th century . However, with the transition from free competition to monopoly stage in the capitalist society , the absolute freedom of contract gradually deviated from the socio-economic realities, so the absolute freedom of contract must be to amend and re-balance interests, so as to maintain substantive justice. The forced contracting system is a reasonable amendment to the traditional absolute freedom of contract.Part III, inspection of Comparative Law on the forced contracting system. This part has a comparative analysis on application of objects , the conditions of the restrictions to application of the forced contracting system, the pledged time by the offeree , the legal responsibility the offeree should bear when he breaches, focusing on Japan and Taiwan forced contracting legislation .Part IV,forced contracting legislation and application in China. First introduces the country's system of compulsory contracting legislative status , points out that China's compulsory contracting system is only in some scattered laws and regulations. Second, on the basis of the legislation, the defects on the forced contracting system were analyzed. Now, China's forced contracting legislative system deficiencies lies in the following cases: applicable targets of forced contracting system is not wide; the conditions of restricting the application on the contracting system are not comprehensive; the time pledged by the offeree is uncertain;the accompanying obligations the offeree should bear when he refuses to conclude a contract with the offerer with a legitimate reason are not clear;the legal responsibility the offeree should bear when he failed to discharge their statutory obligations is not specific.Part V, thinking on improving our forced contracting system . In view of this part of the forced contracting system and the legislative status quo defects to improve from seven aspects of China's system of the forced contracting thinking that our legislation should be extended for the main obligations of the parties;should restrict the conditions of the application on the forced contracting system;should reduce related capacity constraints of the offerer; should distinct commitment of time provided by the offeree ;should improve liability norms on violating the obligations of the forced contracting system;should specify accompanying obligations when the offeree refuses to concludes contracts;should add general provisions on the forced contracting system.