Research On The Contract Form Before And After The "Contract Law" Enacted

This paper is composed of five parts by the introduction, text and conclusion.The first part is the introduction section, a brief exposition of theoretical and practical significance of the paper topics, the form of the contract is the carrier of the contents of the contract, the form of the contract determines the validity of the contract, therefore the system of research the form of contract is great significance.The second part discusses the historical development of the contract form. First, the stipulations of contact forms all show their respect to human nature and obedience of the ancient law, this contract form system focus on form, form determines the validity of the contract, to the modern times, due to the development of capitalism, the strict formalism gradually replaced by liberalism, the effectiveness of the form of contract is significantly weaker than before, until contemporary, due to the initiation of the idea of social standard, people began to focus on the importance of the form again, formalism is revival, but the revival of formalism is different from the strict formalism of the ancient law. Because of the traditional concept of contract is originated and development in Western countries, through this part, we know the history of the development of the Western countries’form of the contract. It is the indispensable premise to study of the form of the contract system below.The third part is about the forms of contract before the Contract Law enacted. Analysizing of the forms of contract before China’s Contract Law enacted through of using historical method. Since China adopted a planned economic system, the national interest above the collective interests and individual interests, coupled with weakness of legal infrastructure, immaturity of the legislature technology and so on, This section also have an objective view of this principle was evaluated, and certainly it is reasonable in the specific period, and the role of its drawbacks also specified, analysis the reasons of being gradually abandoned.The forth part of the text is about the forms of contract in the Contract Law enacted. Because of establishing the market economy in China, prompting a change in the form of contracts, This is the progress to the form of the contract. At the same time, through of the method of comparative analysis, comparing the western developed countries, proposed that our current form of contract system should continue to be improved.The fifth part is the conclusion, on the base of the consolidated full-text, proposed that China should draw lessons from history and learn from the experience of developed countries in the West to perfect the form of the contract system.