任何一种私法制度都内在地反映社会生活中的一般规律,即商品经济交换规律,所以本文研究的强制缔约制度也是一样的,它的目的也是反映社会生活的某个侧面,目的是有效的促进和实现市场经济的有序进行。从上个世纪起契约自由制度的影子已经深入人心,双方当事人意思表示一致,主体、标的、意思表示真实则商品经济就会有序地进行下去。但是,随着垄断资本主义取代自由竞争经济模式登上历史舞台,理性哲学引导的正义观发生了改变,人们发觉契约自由原则并不必然保证双方当事人所为给付的合理与平衡。这一时期,垄断资本聚集在少数人手中,导致双方的经济地位实质上不平等。作为弱势群体,许多订约当事人意思表示的自由因现实经济地位处于弱势而名存实亡。为了正义的需要,为了公共利益的需要,历史的进程要求对契约自由原则做出合理的限制,因此强制缔约制度有其自身发展的空间,这也是本文研究它的目的。 Any kind of private law system internally reflects the general law of social life, that is, the law of exchange of commodity economy. Therefore, the system of compulsory contracting in this paper is also the same. Its purpose is also to reflect a certain aspect of social life with the purpose of effectively promoting And to achieve an orderly market economy. Since the last century, the shadow of the system of contractual freedom has been deeply rooted in the hearts of the people. Both parties have the same meaning, and the main body and the subject matter mean that the commodity economy will proceed in an orderly manner. However, with monopolistic capitalism replacing the free and competitive economy as the historical stage, the philosophy of justice guided by rational philosophy has changed. People find that the principle of freedom of contract does not necessarily guarantee a reasonable and balanced payment by both parties. During this period, monopoly capital gathered in the hands of a few, leading to the fact that the economic status of both sides was substantially unequal. As a vulnerable group, the freedom expressed by many contracting parties exists in name only because of the weakness of the real economy. For the sake of justice, in order to meet the needs of the public interest, the process of history requires to reasonably restrict the principle of freedom of contract. Therefore, the system of compulsory contracting has room for its own development, which is also the purpose of this article.