论强制缔约

On making a contract compulsorily

强制缔约是对传统合同自由的限制,其目的是实现社会公正,它与格式合同、命令合同均存在着差异。该制度的产生对承诺制度形成了一定的冲击。我国强制缔约义务的规定具有极大局限性,不能满足市场经济的发展。但它体现了消费者保护的思想,我国民事立法不仅要确立各种具体的强制缔约形态,而且要建立起关于强制缔约的一般规则。

Making a contract compulsorily is the restriction to the freedom of traditional contract. The purpose is to carry out the fairness of society. It is different from the format contract and the order contract. The system has some impact on the promising system. There is limitation on the prescript of the obligation of mak- ing a contract compulsorily. It cannot satisfy the development of the market economy. But it materializes customers＇ thoughts of protection. The Civil Law needs to establish not only the material form of making a contract compulsorily, but also the rules of making a contract compulsorily.