论合同自由原则与合同正义原则的统一性

自由、公平是保障交易活动正常进行不可缺少的要素。合同法作为规范市场经济活动的法则必 须将合同自由与合同正义有机地统一起来,才能维护正常的市场交易活动。合同自由原则是维 持自由竞争的基础,合同正义原则是自由竞争的必要限制,只有将当事人的合意与上升为法律的 国家意志有机统一,体现法律效力,才能践行真正的合同自由。中国对两个原则统一的全面认识 体现在新制定的合同法上:既集中体现了合同自由的精神实质,又始终贯穿了合同正义的要旨。 但还应及时修正个别条款中不能科学体现两个原则的不足,才能有效促进市场经济交易的正常 发展。

The Unity of Contract Freedom Principle and Contract Justice Principle

Freedom and fairness are the indispensable element for normal business activities. The Contract Law, which is the regulation for standardizing the market must component unite the contract freedom, and contract justice, which can maintain its normal business activities. The principle of contract freedom is the base for free competition, and the principle of contract justice is the necessary limitation for free competition. Only when the agreement of parties is component united with the national will which is shown as law and display its legal validity, can the contract freedom be done really. The understanding about the unity of two principles of China is in the new made contract law; it does not only reflect the spirit of contract freedom, but also permeate the gist of contract justice. However, some articles, which could not reflect the two principles scientifically, should be amended. Thus the market economic business could be effectively developing in a normal way.