The Scope Of Compulsory Contracting Application

Freedom of contract is the core of all the system ofcontract law. The freedom of contract means the complete,absolute freedom, is embodied in the form of justice. But theabsolute freedom of classical contract law not only justiceagainst the law, but also easy to intensify socialcontradictions resulting in the turbulent society. Causes thebody between the economic strength of the unequal status andinterchangeability of loss, leading to the concept of civillaw from formal justice to substantive justice. Compulsorycontracting is accompanied by substantial justice to thefreedom of contract modification and practice of contractboarded the stage of history. Compulsory contracting in thepractice of justice of contract, to protect the interests ofvulnerable groups and social public interests, plays animportant role, has become a phenomenon that can not be ignoredin modern contract law. At present, in the multiple abuse of the rights of social background, the compulsory contractingsystem of concern. Its purpose is to realize reasonableallocation of rights and obligations, and guide people in thecorrect way, maintaining the interests, in a reasonablepremise, assume corresponding responsibility. Responsibilityof compulsory contracting to balance the conflict of rights,Kuangfu justice of contract. The compulsory contracting systemhas an irreplaceable position in the realization of the justiceof contract on the road.In China, although the legislation has stipulated thesystem of compulsory contracting, but in theory, the samerestrictions on freedom of contract, standard terms, theprinciple of honesty and credit and other theories have beensystematically and comprehensively, research the compulsorycontracting system is relatively weak, the relevant documentsare lack. Can say, China is still a lack of in-depth study onthe system of compulsory contracting system. This article willfocus on China’s system of compulsory contracting legal problems, according to the applicable scope, legislativestatus and problems, explore the establishment of a unifiedsystem of compulsory contracting, operation is strong, toensure the effective implementation of public interest,maintain a specific legal relationship balance, promoting theperfection of civil law system gradually. The applicable scopeof compulsory contracting is a compulsory core contractingtheory, is an important step to improve application of thecompulsory contracting legal. Regardless of is the basictheory of compulsory contracting, or compulsory liability ofcontracting, need more attention and analysis, in order tomaximize the positive role of compulsory contracting. Throughthe analysis of the shortcomings of legislation, from theaspects of compulsory contracting application principles,applicable conditions, scope of the standard, and puts forwardsome suggestions to the legal system construction, theframework of compulsory contracting. This addition to theintroduction, conclusion, is divided into four parts: the first part: the current legislation and problems of compulsorycontracting application range. Through the application in thepublic domain from the compulsory contracting system,compulsory contracting application system in the specificlegal relationship, several aspects of the compulsorycontracting system in market transactions in the application,full range of perspectives to reflect the current situationof China’s compulsory contracting application scope; then theauthor because of the scope of application of the limitationsystem the small, the responsibility mechanism is not perfectwait for a phenomenon, expounds the application scope to someextent restricted the application and development of legalsystem. The second part: the establishment of standard ofcompulsory contracting application. The first is to establishthe system principle. To ensure that all legislative andjudicial act shall follow the principle of legislation;secondly, clear rules. From theory to practice across, in theform of rules will direct compulsory contracting scope; finally, perfect conditions. The exemption mechanism and theestablishment of compulsory contracting obligation,effectively avoid the abuse of compulsory contracting rights,protect the interests of both sides of the balance. The thirdpart: Perfection of compulsory contracting application range.On one hand, the establishment and perfection of the systemof compulsory contracting system, on the other hand, perfectcompulsory contracting application system of legal liabilityand legal relief mechanism.Study, the author uses the theory and case combination,the method of combining theory and practice, for the contractlaw system to achieve perfection of legislation to create aplatform of theory and practical value.