论强制缔约产生的基础（On the foundation of compulsory contracting）.docVIP

论强制缔约产生的基础（On the foundation of compulsory contracting） On the foundation of compulsory contracting Abstract: the principle of freedom of contract is designed for the realization of social justice, with the development of economy and society In practice, it is against the original intention of the system design. The absoluteness of the principle of freedom of contract can not help being tortured. compulsory contracting As a result, it has a profound social and theoretical foundation, from the emergence of compulsory contracting As far as king is concerned, it is of theoretical and practical significance to study compulsory contracting. Key words: compulsory contracting; system design; basis As a supplement and correction to the principle of freedom of contract, compulsory contracting system has better maintained the vulnerable groups To a certain extent, it balances the comparative status and strength gap between the two sides of the contract Promoted the real realization of social justice. The emergence of compulsory contracting has a profound social and theoretical foundation . 1 freedom of contract and contract justice Freedom of contract is the core of the autonomy of private law, emphasizing that the root cause of contractual restraint lies in both parties The will or will of. As a German scholar Hein? Etc. pointed out: the law is the most important feature of The right to individual autonomy or self development. Freedom of contract is part of the act of liberty...... Is a A flexible tool that constantly adapts itself to new goals. It is also a free economy A characteristic of being absent. It makes it possible for private businesses to encourage responsible economic relationships. because Therefore, freedom of contract plays an important core role in the whole field of private law. According to the theory of autonomy, the meaning of human beings According to its own laws, the will can create its own rights and obligations, and the will of the parties is not on