2003Unpublished venueRequires access

Conflicts and Balance of Contract Freedom and Social Justice

Qin Wen-fang

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Abstract

An evolution of freedom is briefly introduced, followed by its definition and an analysis of the relationship between freedom and Then this paper points out that in terms of the present national situation there is a lot of sharp contrast between the development of China's contract law and that of the advanced market - oriented western economies' contract law, and that freedom is the core of China's contract law, which defies any refusal or replacement because of social justice. Finally this paper proposes some ways as to facilitate the improvement of contract law in China.

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An evolution of freedom is briefly introduced, followed by its definition and an analysis of the relationship between freedom and Then this paper points out that in terms of the present national situation there is a lot of sharp contrast between the development of China's contract law and that of the advanced market - oriented western economies' contract law, and that freedom is the core of China's contract law, which defies any refusal or replacement because of social justice. Finally this paper proposes some ways as to facilitate the improvement of contract law in China.

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Available abstract

An evolution of freedom is briefly introduced, followed by its definition and an analysis of the relationship between freedom and Then this paper points out that in terms of the present national situation there is a lot of sharp contrast between the development of China's contract law and that of the advanced market - oriented western economies' contract law, and that freedom is the core of China's contract law, which defies any refusal or replacement because of social justice. Finally this paper proposes some ways as to facilitate the improvement of contract law in China.

Key concepts: Freedom of contract, Social contract, China, Severability, Balance (ability), Core (optical fiber), Economic Justice, Social justice

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