On State's Control In Contract

Based on the profound insights of the Marxist legal thoughts and applying many research methods, including the fundamental legal research methods of Marxism, historical research methods, comparative research methods, knowledge-archaeological methods, genealogical methods, and methods of sociology of law, through analyzing the freedom of contract, which serves as the basic principle of contract law, from origin to its present status, this article means to overcome a series of prejudices, including that state's control must stay away from the private law fields, the contract law should and can build hedges for insulating state's control, contract should and can be free ,etc, and demonstrates the multidimensional facts of the private law clients on its status of being free or not in the field of contract with the background of a national political state and its statutory law.Based on these analyses this article made thorough discussions about the following issues: (1) how will a country achieve its goals of governance through contracts;(2) the complex relationship between the freedom of private law clients and the control strength from the state;and correspondingly (3) how should we reconsider the legislation and the judicial practice of our country's contract law.Through these discussions this article concludes: (1) there has never been the absolute freedom of contract, and the contracts are always confined;(2) for the purpose of their governance, the political states have never and will never abandon the use of contract law;(3) in the field of contract law, the relationship between the freedom of the private law clients and the control strength from the state is extremely complex: on one hand is the control strength's affirmation, tolerance, nursing, and use of the freedom of the private law clients, and on the other hand is the freedom's repelling, revolting, summoning, admitting, dependence and use of the control strength;And therefore (4) In order to seek proper arrangements for effective communication, coordination and balance between private law clients' freedom and the control strength from the state, it is necessary to reconsider the legislation and the judicial practice of our country's contract law.