On Compulsory Contracting Obligations

The freedom of contracting is regard as the core of all systems of classic law theories. Freedom of contract is considered to be in the same economic strength between the parties and will not harm the public interest within, it is a social ideal. With the continuous development of the socio-economic, the traditional freedom of contract theory is no longer adapted to the requirements of economic development, and even obstacles the development of the economy. The principle of freedom of contract subject to many restrictions, contract law appear in the socialization trend.Economic development, utilities natural monopoly, consumers, the interests of these vulnerable groups of workers has been seriously damaged. In order to protect the interests of vulnerable groups, balance of the contract the interests of both, force contracting system is the strong party in order to limit the right. To prevent the enterprise in a dominant market position or monopoly enterprises to use their own advantages against the interests of the weak that the contracting claimant. However, legal system of compulsory contracting in china is not perfect legislation. Application up and there are many problems in practice. This paper, preliminary study of compulsory contracting obligations, and put forward a legislative proposal. The first is the basic theory of compulsory contracting obligations. This part states the meaning compulsory contracting obligation to explain the purpose of compulsory contracting obligations and produce.To generalize the concept and characteristics of the compulsory contractions obligations of parties, type. According to the different source of obligations, types of mandatory obligations of parties to the mandatory direct contracting and indirect forced contracting. Followed by the compulsory contracting obligation comparative law. The study of comparative law to inspect the legislative provisions in Germany, Japan, Britain, and this compulsory contracting obligations contents of the legislation of several countries, summary of these countries obligations contracting legislation on the characteristics and prominent place.Once again, china’s compulsory contracting obligation theory and legislative status quo. The theory is divided into in favor of that and negation. In favor of said confirmed the value of compulsory contracting obligations and its role,denied that is opposed to the legislation forced contracting obligations. After the stated compulsory contracting obligations in China’s legislation and this analysis, combined with the case summed up the shortcomings of compulsory contracting obligations. A narrow range of compulsory contractioning obligations apply to parties.Applicable conditions of uncertainty.Does not require compulsory contracting obligation to make a commitment. On the nature of the violation of the compulsory contracting obligations shall bear civil liability provisions are not comprehensive. Our laws should be formulated from their own actual compulsory contracting system conforms to China’s. Four legislative proposals for the legislative status quo and defects of our compulsory contracting obligations of parties.Expand the scope of compulsory contracting obligations.Clearly defined the applicable conditions of the compulsory contracting obligations.Provisions of the contracting obligation to make the time commitment.Explicitly provide that a contravention of the compulsory contracting obligations of parties shall bear civil liability nature. Mandatory contracting system, perfecting the relative rights of persons can be fully realized.