The Speculation On The Principle Of Contractive Freedom In The Views Of Contractive Real Sense

The principle of contractive freedom is a fascinate law principleof private law system, it has been once an apex in our country and othercountries which employ planned economy. With the perfecting of the marketeconomy of socialism, the contract, as one symbol of market economy, hasbecome a vital matter in our life. And contract gains a chance to rejointhe law. In order to understand the status of this strange law principleexactly in our country, and how it functions in our socialism marketeconomy, we should estimate the contractive freedom rationally andexplore it systemically. Forming a law ideology, putting forward a law concept, and evolvingof a law, are based on the specific social economic condition.That is, if we should understand the law concept exactly, we shouldresearch the specific social economic condition. Based on this theory,this paper analyzes the law concepts of the contractive freedom, thecontract justice and the contract liberty restrict, grounded on thespecific social economic and political background. The main viewpoint of this paper is that hereinafter: the paperexpounds the basic meaning of the contract liberty, grounded on thesocial background of 18th -19th century. It illuminates that thedevelopment of the contract liberty is based upon the contract justice.And the paper explains that the contract gets more restricts with thedeveloping of social economic condition, but this phenomenon doesn'trepresent that the contract liberty is waning, contrarily, thephenomenon manifests that the contractive real sense achieves in the newsocial economic condition by preventing that the might abuse thecontractive freedom. The so-called "restricts of the contract" reallymeans that the process of perfecting and maturing. In the end, the paperpoints out that the concept of contract liberty has been embodied in ourcontractive law, but it has not been confirmed as a law principle. Theauthor's idea is that we shouldn't follow the western countries blindlyon the restrictions of the contractive freedom. Now we are developingthe socialism market economy vigorously, we should reveal the principleof contractive freedom brightly and clearly. From this point of view,the author puts forward some ideas of how to guarantee the conditionsto realize the contractive freedom, how to perfect the contractregulation from the standpoint of the weak group.