Concerning The Principle Of Contract Freedom In Our Civil Law

The principles of contract freedom,as the more important form and the core of civil law antonomy, is the premise and foundation for other ones'development. This system has gone through the progress from the Rome method freedom of contract to the principles of contractual freedom and the stage of he restriction of the freedom. And the whole progress has shown the trend of transformation from the f unlimited freedom to the limit free freedom.. During this progress, natural person has been endowed with the right to participator in economic activity. On the other hand, with the arrivaling of Monopolistic organization, the elimination of the equality and the interdependence among civil subjects which are indispensable to traditional civil legal value, the equal balance among natural person has been broken up. And the equality between natural person and corporation has never been realized. That is to say, human being may be the victim of themselves'legal civilization.The unlimited freedom of contract bring the unfairable reslt. The development of the principles come into another progress.The development process indicated that:As the produce of modern capitalism,the freedom of contract push the society's great develpoment. The abuse of the freedom of contract doctrine will inevitably bring restriction on itself. China is currently in the stage of reform and opening up and the Chinese government is committed to building a socialist market economy with its own characteristics. Naturally, we must take advantage of this doctrine's powerful role in promoting the market economy. Correspondingly, we must establish the basic position of the freedom of contract doctrine in the civil law and expand its meaning. At the same time, we should regulate and guide the intervention in the freedom of contract from state and government.