On Compulsory Contracting System Of China

The freedom of contract is the basis of private law and the basic principles ofnational contract law. But with the capitalist stage of economic freedom to enter themonopoly stage of economic as well as the rapid development of social and publicutilities, freedom of contract, showing too much emphasis on the characteristics offormal justice and powerless to achieve substantive justice. The introduction ofmandatory contracting system to make up for this shortcoming of the freedom ofcontract to provide institutional support is to ensure the fair intent of freedom ofcontracting.As a starting point, this article is to emphasize the materialist theory as a guide,using the method of comparative analysis, empirical analysis and normative analysis,China’s mandatory contracting system are discussed. Text of this paper is divided intofour parts:The first part of the basic theory is compulsory contracting system. Mainlythrough the discussion of compulsory contracting system origin, clear mandatorycontracting amendment, freedom of contract and the introduction of the system forthe realization of substantive justice by contract; clearly concept of compulsorycontracting system should include a mandatory offer and compulsory commitments oftwo parts, and to force similarity to the concept of contracting and to clarify thecomplete theoretical analysis on the basis of mandatory contracting system; as well asassessment of China’s forced contracting characteristics of discourse and types, andforced contracting with the relevant definitions.The second part is applicable to the analysis of mandatory contracting law.Applicable conditions of compulsory contracting system, the scope of application ofthe value of discourse that mandatory contracting applicable must first be a legalbasis, and then through the list of compulsory contracting system in the scope ofChina. The last in this part is the basis of the innovative ideas of this paper: the value of the compulsory contracting system is reflected in the correction of freedom ofcontract defects, the equilibrium contract of the main interests of the contract in realterms in just three aspects.The third part of the nature is to undertake the analysis of the responsibilitysystem of mandatory contracting and responsibility. This part of the current academiccontroversy about the violation of the mandatory contracting obligationsresponsibility to assume the nature of the assessment, and to put forward this point ofview that a breach of mandatory contracting system should bear the contractingnegligence, but due to the contracting negligence is a special form of tort liability. theforeign legal profession is recognized by the contracting negligence tort liability, andit is in violation of the mandatory contracting obligations in essence which shouldbear tort liability.The fourth part is the summary of mandatory contracting system defects, whichtargeted a complete set of the recommendations of the system. The part of thecompulsory contracting system make up for the freedom of contract defectsmanifested itself insufficient analysis, and targeted on the basis of the correspondingperfect proposal.The innovation of this paper is through the legal system mandatory contracting;the appropriate mandatory contracting system will be established.The value of the groundbreaking conclusion is that the mandatory application ofthe contracting value to the remedying of freedom of contract defects, the maininterests of the equilibrium contract to achieve the contract substantive justice dividedin three aspects. Any system must be valuable worth the theoretical circles, in order toprovide a reference for the judicial practice, the paper by the generality of themandatory contracting value concluded, further defined the existence and significanceof the study of mandatory contracting system.