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文章认为虽然在我国古代的封建社会中,形成了较系统的契约制度,但受当时社会经济上重农抑商、政治上强调严格的等级制度、思想上过于推崇儒家学派等因素的影响,契约制度限制了契约自由,这与现行民商法中的契约自由原则相违背。我国民商法中契约自由原则是从西方法律体制中引入并不断发展完善的,要提升契约自由原则在民商法相关法律事件中的法律适用效果,必须明确其确立和发展的相关问题。
Although the system of contract was formed in the ancient feudal society in our country, it was influenced by such factors as Confucian school and other factors in the socioeconomic emphasis on agriculture and business, political emphasis on strict hierarchy, and so on. The system limits the freedom of contract, which is contrary to the principle of freedom of contract in current civil and commercial law. In China’s civil and commercial law, the principle of freedom of contract is introduced from the western legal system and developed and improved constantly. To enhance the legal effect of the principle of freedom of contract in the legal events related to civil and commercial law, we must clarify the related issues of its establishment and development.