Research On The Scope Of Application Of Compulsory Contracting

Since principle of contractual freedom was founded in western,peoples had shaken off the shackles of identity,and the leading position of allocating social resources by market economy was established.But with the diversity of economy development,absolute freedom of contract usually can't bring social justice,so,it will be partly limited.Compulsory contracting system is one of the measures limiting freedom of contract.Compulsory contracting system was usually found in many governments but still not form a complete system yet.There are many scholars tried to perfect this system with studying the meaning,category and scope of application of compulsory contracting.This paper plans to make an further exploration for this system from a new aspect bases on the studies of previous scholars,mainly research on the scope of application of compulsory contracting from the relationship of market and compulsory contracting to offer a new vision for perfecting this system.This paper organized compulsory system and offered my viewpoint mainly with the measures of research analysis and case analysis.There are three parts of this article except the forward and epilogue:The firs part mainly discussed the meaning of compulsory contracting,firstly differentiated compulsory contracting from several relevant concepts,summed up the tension and essence of compulsory contracting and its three major features distinct from other legal system.The second part mainly discussed the origin of compulsory system from two aspects,on one hand,mainly analyzed that as the continuous changes of peoples' positions,freedom of contract was created,developed and became rampant,then the compulsory contracting was invented to correct freedom of contract;on the other hand,mainly discussed the close relationships among compulsory contracting,market competition and state macro control from market aspect.The third part mainly divided into absolute compulsory contracting and relative compulsory contracting according to the closeness between compulsory contracting and market.the absolute compulsory contracting is mainly applicable for the areas of people' s livelihood,life&health and personality quality etc..The relative compulsory contracting follows the rules of market to allocate social resources,then it rules the market through compulsory contracting when market running has pitfalls.It is mainly applicable for monopoly organizations and mighty enterprises which have close relationships with market.And the relationships of these two areas are that there are different applicable emphases of compulsory contracting of each area,but they are not completely separated,there are still cross point between them.