On Compulsory Contracting

The compulsory contracting system is an amendment to the principle of freedom of contract,with the aim of achieving the goal of contract justice.The concept of compulsory contracting from the German scholar nipperdey system has 100 years,in the process of social development will be the compulsory contracting system is expanded to various fields,the compulsory contracting system in the maintenance of people's livelihood needs,social justice plays an irreplaceable role,in the "Internet plus" era,compulsory the system should also follow the evolution of.The social civilization rising,freedom and order will have a deeper game,freedom of contract and compulsory contracting is one of them,how to expand and limit the compulsory contracting system,is the current legal issues can not be ignored.Therefore,according to the needs of social development,the system of compulsory contracting should be improved and relevant laws and regulations should be supplemented.In recent years,mobile communications technology has developed rapidly,and various mobile phone applications have brought convenience to people's lives.In the field of highway passenger traffic,taxi has added the mode of "network about cars",which adds the main body for transportation service,and makes the resource allocation more accurate and fast.But the emergence of new things must be accompanied by new influence,in the law on the performance impact of the compulsory contracting system,another passenger buses also appeared in the compulsory contracting new bus,mainly for refusing unaccompanied elderly,through to the compulsory contracting system to analyze whether it is reasonable.From the new problems of highway passenger transport,the former forced contracting system has more or less not adapted to the modern social development model.Therefore,the mandatory contracting system needs further improvement,so as to follow the development of the new social model.This paper is divided into four parts,through summarizing the characteristics of compulsory contracting application system at home and abroad,and analyzes the new problems of the compulsory contracting system for highway passenger transport in,continue to supplement and improve the system of compulsory contracting.The first chapter starts from the general theory of compulsory contracting,process,definition and classification of compulsory contracting is introduced,and according to the characteristics of the new model of the modern economy,put forward the new classification in classification by the compulsory standard,to make up for the classification of the untouched areas.By analyzing the applicable fields of compulsory contracting system,the system,value and purpose of compulsory contracting are summarized.The second chapter introduces the legislation of compulsory contracting system at home and abroad,through the legislation of compulsory contracting system in the countries of Anglo American law system and continental law system analysis,summed up the deficiencies and continue to improve the.The third chapter analyzes the new problems in highway passenger transport appeared in the process of compulsory contracting application system:after entering the "Internet plus" mode,taxi services have been a part-time driver,subject of compulsory contracting application also appeared deviation.The content of compulsory contract and the subject of complying with it have also changed,which makes the forced contracting system not fit in with the development of modern economy.In highway passenger transport,the lack of effective civil liability and remedy the rejection behavior can not be effectively curbed.In the plea agreement,there is only one macroscopic concept,which lacks specific and comprehensive defenses.These problems are systematically analyzed in this chapter,which provides a guideline for the improvement of the mandatory contracting system in the next chapter.The fourth chapter summarizes the analysis of the first two chapters,put forward to perfect the system of compulsory contracting proposals were put forward their views from the scope and subject to perfect the legal system of compulsory contracting obligation to comply with the mandatory subject scope,mandatory contentregulations etc..In civil liability,the author expounds the rationality of the theory of tort liability,and puts forward the feasibility and advantage of setting up the liability for breach of contract to realize the compulsory contracting civil liability in the case of the three party.In the compulsory contracting defense,through the analysis of bus refusing elderly cases,combined with the system of compulsory contracting,further improve the defenses.