构建经济法视野中的合同制度

Constructing the contract system in economic law view

从罗马市民社会到现代经济领域,经济发展的事实充分证明,人类经济活动大都与合同紧密相联,而且随社会的进步合同关系日愈复杂。我国现行合同法虽然较好地规范了商品流通中的合同关系,但受传统和时代的局限,许多新的合同关系在合同制度的视野中找不到完整答案。为进一步规范合同法体系,解决实践中存在的问题,本文分析了中外合同制度的时代特色和存在的问题,主张经济法视野中构建市场经济环境下的新型合同制度,并提出几点设想,以期完善我国的合同制度。

From Roman urban society to modem economy region, the economy development has proved that many people＇ s economy activities were closely related with contracts and they become more and more complex. Although the present contract law in China regulated the contract relations well in product circulation, it is limited by the traditional and present situation, many new contract relations cannot be reflected by the contract system. To further perfect the contract system and solve practical problems, the essay analysis the contract system inside and outside, suggests that it is necessary to construct a new contract system in economic law view under market economy and gives some suggestions to perfect our contract system.