反思与重构:电网企业强制缔约义务立法完善研究

Reflecting and restructuring:research on Legislation improvement of Power grid company′s Mandatory contract

强制缔约义务的出现是私法公法化的必然结果,它与电网企业成本的高沉淀性、效应的大规模性、资产的强专用性具有天然的契合性。而现行立法关于电网企业的强制缔约给予的关注不足导致对其适用范围、适用条件、法律责任等方面存在诸多问题,我们应当在未来的立法充分体现其适用范围的开放性与体系性、适用条件的普遍性与特殊性、法律责任的私法公法权责并重,以最终实现强制缔约义务在电网企业中的重构。

As the result of public law private law-realization , the mandatory contract conclusion obligation of one party is the restrictions on his freedom of contract conclusion and choice of the other party. As the existing legislation pay little attention to the obligation of the power grid companies, there are many problems in many aspects, such as its scope and conditions of application, legal responsibilities, that should be solved. In future legislation we should fully reflect opening of the scope of application, universality and particularity of the conditions of application, and equal attention of the private and public legal responsibilities.