Study Of Forced Contracting System

Limits the trading of forced contracting party of contract freedom,expand the freedom of the other side of the contract,no matter why,restrictions on freedom of contract require strong reason,otherwise,would undermine the foundations of forced contracting.This article discusses the theoretical basis of forced contracting,is on the basis of demonstrating the legitimacy of existence of forced contracting,in combination with the current legislation in our country,from the problems in the existing law of forced contracting,then analysis of these problems,finally it is concluded that the improved scheme.Follow this research idea is divided into four main parts in this paper.The first chapter discusses the basic theory of forced contracting.Because of forced contracting and classical contract theory runs counter to the absolute freedom of contract theory,and the principle of contract freedom without any basis,therefore,it is necessary to demonstrate the legitimacy of forced contracting.The author from the contract content through the purpose of forced contracting and expanding the two aspects of contract freedom provides the justification of the system of forced contracting with sufficient evidence.The second chapter lists the regulation of our country current law of forced contracting,and sums up our country from the rules of forced contracting system defects.Main defects in the narrow scope of application of forced contracting in our country,there is no clear condition of forced contracting for,there is no forced contracting,the content of the general provisions of the lack of,in violation of the provisions of the civil liability of the duty of forced contracting.The third chapter for the second chapter proposed the problems,analyzed the suitable content of forced contracting.Narrow scope of forced contracting,in China,no definite conditions of forced contracting shall apply.This paper discusses the applicable scope of the system of forced contracting,including public sector and the market monopoly field and clarify the meaning of the applicable condition of forced contracting and discusses the specific conditions of forced contracting applies.Our country at present there is no violation of the provisions of the obligation of forced contracting responsibility,if the liability can be attributable to the other,can no longer rules for violating the duty of forced contracting,also find a legal basis for the responsibility.But through the argument of this part,in violation of the duty of forced contracting responsibility is with the contracting fault liability,tort liability and liability for breach of contract and new responsibilities,really need in law on the responsibility,shall be investigated for the responsibility to provide a legal basis.In addition,this part also discusses the ways the new unique responsibility-forced to enter into a contract,and the new responsibility also compensate for the losses the usually way of responsibility.Fourth chapter to draw the conclusion to improve the method of forced contracting system in China.This chapter one by one corresponding to the first chapter of the proposed problem of forced contracting system in our country,this article through the analysis,respectively,the reasonable conclusions.For forced contracting scope of narrow,can expand the scope of application;Unclear for the applicable condition of forced contracting,in this article,through analysis,it is concluded that the specific conditions of forced contracting shall apply,For lack of general provisions of forced contracting,proposed can increase in contract law is a general provisions;Aimed at the lack of civil liability of breach of forced contracting obligation,proposed to increase the civil liability law.