论合同法中的混合性规范

合同法中某些法律条文确立的法律规则所协调的利益关系，处于双重状态：即有时涉及到交易关系背景下民事主体之间的利益关系，有时则涉及到交易关系背景下民事主体的利益与社会公共利益之间的关系。与这种类型法律规则相对应的，就是混合性规范。所谓混合性规范，即有时发挥补充性任意性规范的功能，有时发挥强制性规范功能的法律规范。

Mixed Standards in Contract Law

In Contract Law, the interests relations regulated by legal rules are in dual states： the interests relations between civil main bodies in transaction, and the relations between interests of civil main bodies and socil public interests in transaction. Thus mixed standards emerge correspondingly. Mixed standards refer to those functioning as complementary and arbitrary standards at some time, and as compulsory standards at other time.