Research On The Compulsory Contracting Legal System

The doctrine of freedom of contracting embodies the autonomy of will, which helps to bring the parties' initiative into play. With the social development absolute freedom of contracting becomes the tool of the strong parties to exploit the weak parties. To keep the stability of the social order and the development of the social civilization it is necessary to put reasonable restriction on the freedom of contracting. The offeree should not refuse to accept the offer without justification and has to conclude the contract.The dissertation reveals and probes into the social problems and legislative defects in our compulsory contracting legal system, compares and analyses the compulsory contracting legal system of some countries and areas, and give suggestion to improve our compulsory contracting legal system.The preface generalizes how the compulsory contracting legal system appears and develops and how important it is. It also explains the significance of improving our compulsory contracting legal system.The first chapter Comment on the Meaning of Compulsory Contracting compares and analyses different opinions in the meaning of compulsory contracting, defines it and expounds the economy basis and thought origin of its appearance and development.The second chapter the Theoretical Basis of the Compulsory Contracting Legal System sets forth the prohibition of abuse of right doctrine, maintenance of public order and fair customs doctrine and protection of the weak doctrine, then analyses the compulsory contracting legal system's embodiment of the above three doctrines.The third chapter the Value of Compulsory Contracting Legal System explores the compulsory contracting legal system's purpose to the realization of social justice, the promotion of social civilization and the stability of social order, which illustrates that the application of the compulsory contracting legal system is very important.The fourth chapter Legislative Comparison of the Compulsory Contracting Legal System compares and analyses the compulsory contracting legal system of some countries and areas in compulsory contracting's applied member, the premise of the offeree's acceptance, the time of the offeree's acceptance and the responsibility of the offeree while refusing to contract without justification.The fifth chapter Suggestion of Improving Our Compulsory Contracting Legal System states social understanding of compulsory contracting legal system in China, elaborates our present legislation and give suggestion to improve our compulsorycontracting legal system.The conclusion summarizes the dissertation, approves the compulsory contracting legal system's function and reaffirms the importance of its improvement.The present defects in our compulsory contracting system cannot solve the social problems. Improving the compulsory contracting legal system will lead to the balance of the parties' interests, the protection of the public and the progress of our society.