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制定和施行新《合同法》,是我国市场经济发展的迫切需要。与《经济合同法》等原三部合同法相比,新《合同法》重点突出了平等原则、合同自由原则,大大充实、完善了合同制度的内容,有许多重要的新规定。新《合同法》修改了对合同形式、赔偿金计算办法的规定,增加了要约与承诺、缔约过失责任、格式条款、表见代理、抗辩权、后合同义务等规定,对于防止利用合同欺诈,保护双方当事人的合法权益有着重要的意义。
The formulation and implementation of the new “Contract Law” is an urgent need for the development of the market economy in our country. Compared with the original three contract law such as “Economic Contract Law”, the new “Contract Law” highlights the principle of equality and freedom of contract, greatly enriched the content of the contract system, there are many important new provisions. The new Contract Law amended the provisions on the form of contract and the calculation method of compensation, added provisions such as the offer and the promise, the liability for contracting the contract, the terms of the form, the representation agent, the defense right and the post-contractual obligations, and other provisions for preventing the use of contractual fraud, It is of great significance to protect the legitimate rights and interests of both parties.