The Legal System Of Mandatory Contracting

Freedom of contract is one of the main principles of modern civil law,Regarded as the supreme law of the Contracting achieve contract the security of justice, To promote the principles of market economy has played a pivotal role。However, extremes meet, with the contractual forms of diversity and the rapid development of public services, the principle of freedom of contract alone can not fully meet the needs of the community, the strong stronger and the weak weaker, often use their own powerful advantage, abuse of monopoly position freedom of contract rights, oppression, ignoring the weak right, violations continue to harm the public interest social bottom line, a serious violation of freedom of contract by the pursuit of justice. Therefore, restrictions on freedom of contract and specifications become imperative, and then forced contracting system came into being. Forced contracting system by forcing a strong obligation to bear the appropriate parties and the relative balance between the application of the system will help to overcome the shortcomings of its own market economy, protect the weak market position of the main body, an effective safeguard social fairness and justice.In addition to this Introduction and Conclusion section is divided into five parts. The first part describes the theoretical basis for contracting force and meaning. This paper first analyzes the theoretical basis of mandatory contracting, contracting system that forces the emergence of the principle of freedom of contract is not the destruction, but as a defense of freedom of contract exists, its purpose is to achieve substantial justice, equity markets were strong and the weak economy between the competitive position, protect the public interest, followed by analysis of the definition of forced contracting, through the comparison of different points of view, to clarify the author supports the concept of the generalized force, said the reason for contracting, and on this demonstration of force on contracting and other similar concepts for mandatory contracting compared and classified. The second section describes the analysis of foreign forces and the regional parties on the application of legislation that forced contracting system on their own pros and cons of legislation.The third part of the control of foreign forces and the regional parties on the legislation, pointed out that China's current legislation on compulsory contracting status and lack of application.Part IV describes violations of the mandatory contracting obligation qualitative. Analysis of the different nature of the responsibility by the four perspectives that Culpa that tort liability, said liability for breach of that independent duty said that the four perspectives of different authors proposed that the special responsibility that mixed responsibility.The fifth part of the paper force on improving our contracting applicable legislation on the proposal. In view of the current status of the legislation on compulsory contracting, drawing on the experience of foreign legislation, put forward own suggestions for improvement.