公共政策视域下的强制缔约

Compulsory Contract from the Perspective of Public Policy

强制缔约制度是现代契约法为践行契约正义而对契约自由进行的归位性限制,其存在领域和对弱势群体的保护范围并不具有对应性,民生依赖和公共政策需要才是产生该制度的直接动因。在实务和学理认识中,应将强制缔约和其他性质法律关系的区别予以澄清,对强制缔约的学术分类进行科学认识有助于准确司法。

Compulsory contract is part of modem contract law to ensure the justice of contract, which is directly derived from the necessity of people＇ s well-being and public policy while the scope of its application does not necessarily depend on how weak the group of people is. In both theory and practice, it is important to clarify the differences between compulsory contract and other legal documents ; it is of help to distinguish its academic classification to maintain judicial justice. Compulsory contract does not have the liability for contracting negligence and responsibility for violating legal rights. Compulsory contract should be categorized as a different type of contract in which different liability is treated differently and compulsory contract is the first choice of its obligation and compensating liability is supplementary.