On The Amendment Of The Regulatory Norms Of Classical Contract Theory

Under the guidance of the classical contract theory, contract has been regarded as production of the autonomy of will, contract law has been regarded as the typical case of the autonomy of private law. However, when we cast off the dogma of classical theory, focus on modern contract law, we will find that the restriction of state has never been a bystander.Throughout the contract law, besides the legal norms, there are still a large number of non-legal norms. Although it normally referred to mandatory norms, but they are different from each other in adjustment and adjust mode, mandatory norms is only one of them. In addition, there are singular third party and semi-mandatory norms. Here we need to use the concept of regulatory norms to govern these three universal norms. Different types of regulatory norms have different function, but they still have the same value basis, and all reflect the pursue for justice and order.The function of different types of Regulatory norms on the contract, Basically reflects the influence of state restriction to autonomy of private law. Without limitation, State restriction most likely to become the tool for Totalitarianism to depredate individual will and freedom, so when regulatory norms taking effect on autonomy of private law, itself must be limited by legal principles.The regulatory norms in our contract law, still have some problems in content. Such as mandatory norms is lack of flexibility and pertinence, singular third party does not truly break through the privity of contract. Therefore, it is need for us to clarify the legislative logic, learn from the experience of advanced countries to improve.The reformation of regulatory norms to the classical contract theory, which is the influence of state restriction to contract, reflects public and private law is blending constantly in modern society. Private law can be a tool to complete public mission, public law can protect the operation of market economy. Assimilate the discrimination between public and private law, considering in a more comprehensive and practical way, many social problems will thus show a completely new situation.