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因为契约自由化造成的社会公正问题的日益严重,国家公权力不得不对其进行限制。对契约自由的限制的主要目的在于实现实质正义,然而实现实质正义并不否认契约自由在契约法中的地位。契约自由应该顺应社会发展,不断丰富和完善自身机制。
Because of the worsening of social justice caused by the liberalization of contract, state public power has to restrict it. The main purpose of restriction of freedom of contract is to realize substantive justice, however, to realize substantive justice does not deny the status of freedom of contract in contract law. Freedom of contract should conform to social development and constantly enrich and perfect its own mechanism.