Study On The Legislation Of Compulsory Contracting Application

As one of the important principles of civil law, freedom of contract principle is playing an important role in the development of the market economy. But with the diversification of contract forms and the progressive development in the public service, many public service enterprises are in the strong position and the consumers are becoming the weak position. In this social background, compulsory contracting system comes into being. Compulsory contracting application in real life helps to overcome the shortcomings of market economy, to protect the vulnerable groups in economic and to maintain social fairness and social justice.The literature research method and comparative analysis research method are applied in this paper. Based on elaborating the basic theory and the liability of compulsory contracting application, this paper introduces the foreign legislation of compulsory contracting application, analyses the legislation and problems of compulsory contracting application in our country, and proposes several thinkings for perfecting the legislation on compulsory contracting application in our country. This article is divided into five parts.The first part explains the basic theory of compulsory contracting application. Based on analysing the concept, the characteristics and types of compulsory contracting application, describes the scope and principles of compulsory contracting application.The second part discusses the liability in compulsory contracting application. Analyses the types and defenses in compulsory contracting application. Through analysing the advantages and disadvantages of the nature of the theory of fault liability, the theory of tort liability, the theory of contract breach and the theory of new responsibility, proposes my views on the nature of civil liability.The third part describes the foreign legislation of compulsory contracting application. Describes the legislation of compulsory contracting application in France, Germany, Japan and Taiwan of China and other civil law and common law countries, compares and analyses these legislations.The fourth part analyses the legislation and problems of compulsory contracting application in our country.Through analysing the situation of application in these areas, points out the defects and shortcomings of compulsory contracting application in the current legislation in our country.The fifth part proposes several thinkings for perfecting the legislation on compulsory contracting application in our country. Aiming at the defects of compulsory contracting application in our country, learning from the legislative experience of foreign countries, proposes the improvement suggestions correspondingly.