摘要
合同法在确认合同自由的同时 ,应当确认合同正义的呼声越来越高。本文对合同正义性的提出、确立及理论依据一一作出说明与分析。主张合同自由与合同正义性是两个相互独立的范围 ,包含公平、诚信、公益在内的合同正义性理应受到合同立法的重视 ,而成为凌驾于公平原则、诚信原则等原则之上的等而上之原则。
With the establishing of the freedom of contract in the contract law. A voice of establishing the justice of contract is stronger and stronger. The establishing, confirming, and theoretic foundation of the justice of of contract are illuminated and analyzed one by one in this article. The freedom of contract and the justice of contract are two independent spheres. The justice of contract, including justice, good faith, and public interests should be stressed in the course of making laws of contract, so that they become a dominant principle over matching the principle of justice, good faith.
