Studies On The Commercial Contract Freedom Principle

Freedom of contract is a long discussed problem, but previous discussions left in the civil contract, less attention to commercial contracts. Commercial contract has its unique goal pursuit and value orientation. Coupled with our country, we often used to civil contract rules to adjust the commercial contract, resulting in commercial contract regulation of anomie, is not conducive to the development of the establishment of a more commercial rules and the market economy. In this paper, starting from a commercial case, analyzes the cause of freedom is not fully commercial contract, points out that it is necessary to fully free commercial contracts, and provide new suggestions for perfecting our country’s commercial contract system.The first part, I put forward the problem. The part of the introduction of a commercial case, through the case introduction, refines the controversial issue, pointed out the existence of different commercial contract and civil contract. Then the controversial problems are analyzed, the formation of their own thinking, to pave the way for the discussion below.The second part mainly analysis the reasons for commercial contract is not fully free, and points out that the full freedom of confusion, commercial contract and civil contract and commercial contract value target fuzzy, main business profit protection factors limit the commercial contract. This part is followed by a section, is the analysis of the last part puts forward the cause of the problem. After understanding the causes of the problems, solve the problem in order to better.The third part, the rationality of commercial contract full freedom, mainly discusses why we need full freedom of commercial contract. This section points out that the full freedom of contract is based on the essence of commercial contracts, is the need to realize the goal of the commercial value of the contract, but also protect the profit of businessmen, fully respect the need of business subject meaning representation.The fourth part, perfect commercial freedom of contract system. Commercial contract full freedom is so rich in meaning, so we need to take some measures to promote the commercial contract freedom. These measures include the establishment of priority for commercial law rule, fully respect the autonomy of the parties, the establishment principle, commercial efficiency enhancement of commercial contract profit protection, these measures are put forward based on the analysis of the second part of the reason for the first part, put forward to solve problems.