| As a basic principle of contract law and even the whole modern private law,freedom of contract principle serves as the origin of individual economy for realizing rights and interests and the basis of economic freedom.However,characterized by randomness,unpredictability and uncontrollability,freedom of contract would lead to "market failures".Modern private law scholars have also declaimed on the theory of freedom of contract,with the attention paid on the conflicts among contract freedom,contract fairness and contract efficiency in particular.Although the contract itself seems to pass through the long river of The Times calmly regardless of the theoretical discourse surrounding it,there is no denying the doubt of the principle of contract freedom.When the contract freedom loses the instinct of nature and justice,the issue of contract justice will emerge.So long as the liberty of the individual is expressly provided for,and the law guarantees it,a contract is necessary.Once the freedom of contract exceeds the actual demand,the "freedom" in it needs to be regulated,and the connotation of "agreement" must be added to the consideration of other social interests.The goal of pursuing contract justice is to establish a benign market economic order.Therefore,a secure and free economic order needs the guarantee of law to obtain it,and the right of freedom of contract to satisfy individual interests will not fail.The need of the modern state to perform the economic functions of macro regulation and market regulation settled state interventions to safeguard social public interests of contract freedom is only the law,when the economic subject in the process of pursuing benefit maximization if harm public interests or result in market failure,the sutra with the power of the market and maintain the market economic justice,namely using the state power to regulate the market economy,fill with freedom of contract as the core of civil law legal blank cannot maintain the market economic order.The economic law has the ability of macro and integrity,which can make up for the market defect,guarantee the individual economic freedom,and form the "dual complementary structure" with the idea of contract freedom.The economic law has the ability of macro and integrity,which can make up for the market defect,guarantee the individual economic freedom,and form the "dual complementary structure" with the idea of contract freedom.The economic law has the ability of macro and integrity,which can make up for the market defect,guarantee the individual economic freedom,and form the "dual complementary structure" with the idea of contract freedom.Based on the social standard thought and the value pursuit of contract justice,this paper analyzes the reasons for the reasonable line of state intervention on contract freedom drawn by economic law mandatory rules,starting from the status of the freedom of contract principle in private law and the necessary of its limit.It is aimed at making explanations for the purpose of state intervention on abuse of freedom in the market,which is to safeguard the interests of the whole society.On top of that,it is the optimization of the relationship between the market and the government when judges and understands the internal logic of the relationship between contract freedom and mandatory norm of economic law.Therefore,the key to the construction of law-based economy is to balance the relationship between the free market economy and the modern democratic political system,which is of great significance for paying attention and exploring the relevant theories and practical significance. |
