How to understand the spirit of contract in contract law under the national conditions of contemporary China?

The spirit of contract is the mainstream spirit of western civilized society and plays an extremely important role in the formation of democracy and the rule of law. On the one hand, the contractual spirit of civil society promotes the development of commodity trading, creates an economic foundation for the rule of law, and also provides a good order for civil society. On the other hand, according to the spirit of private contract, it is of great significance to rise to the field of public law for controlling public power and realizing human rights? The spirit of contract, whether it is the transaction spirit of private law or the spirit of public law in commodity economy, has a positive effect on the construction of a socialist country ruled by law and the benign operation of the socialist market economy.

The spirit of contract has four important contents: the spirit of freedom of contract? The spirit of contractual equality? Keep the spirit of contract? The spirit of contractual relief? The spirit of contract freedom is the core of contract spirit? The spirit of freedom of contract in economic freedom has always existed in the western concept of human rights?

The spirit of freedom of contract includes three aspects: freedom to choose contractors? Freedom to decide what and how to sign a contract? Freedom of contract is mainly manifested in the field of private law? The spirit of contractual equality means that the subjects of a contract are equal, and both parties enjoy equal rights to perform their obligations and regard each other as remuneration, and no one has the privilege to go beyond the contract? In order to realize the spirit of equality in the contract, those who violate the contract will be punished, and the injured party will get beneficial relief? It is precisely because contract perfectly embodies the spirit of equality that modern bourgeois revolutionaries took it as a theoretical weapon and founded the theory of social contract. By transferring part of the power to the state, the two sides reach an agreement, establish a social contract, and fulfill their respective rights and obligations, thus achieving social harmony?

The spirit of contract is the core spirit of the spirit of contract, and it is also the ethical basis for the contract to rise from habit to spirit. Honesty and credit, as the "emperor's clause" and "the basic principle of ruling the whole jurisdiction" in civil law, originated from mutual distrust before the contract rose to the spirit of contract, and the contract was concluded by compulsory means. When the contract rises to the spirit of contract, people conclude the contract from mutual trust. When the spirit of abiding by the contract becomes the mainstream convention of society, there is a spirit of keeping promise in the hearts of both parties. The contracting parties are based on trustworthiness and do not cheat when signing the contract? Don't hide the truth, don't contract maliciously? When performing the contract, fully perform it and be as kind as possible? Care? Collateral obligations such as guardianship?

The spirit of contract relief is a kind of relief spirit. In commodity trading, people realize their own loss relief through contracts? When one of the contracting parties suffers damage due to the behavior of one of the contracting parties, it brings a lawsuit for breach of contract, so that the ultimate protection of its own interests rises to the field of public law, and citizens conclude contracts with the state, that is, the Constitution? When citizens' private rights and interests are infringed by public power, they can also get relief through contracts with the state?