在西方国家自由市场经济的环境中,合同自由理念与实践达其顶峰,进入二十一世纪以来,针对片面强调个人自由及执行放任主义的经济政策所导致的社会弊端,当代西方法律学者开始提倡社会本位的立法思想,从而开始对合同自由进行限制,以维护社会公正,强制缔约就是在这种背景下产生的,本文就强制缔约制度的含义、立法表现及其缺陷和如何完善三个问题作以粗浅论述,重点探讨如何完善此一制度,以求教于万家。 In the environment of the free market economy in the western countries, the concept and practice of freedom of contract reached its peak. Since the beginning of the 21st century, contemporary Western legal scholars have started to advocate social defects caused by the economic policies that unilaterally emphasize individual freedom and carry out laissez-faire Therefore, this article starts from the restriction of the freedom of contract in order to maintain the social fairness and compelled contracting. It is against this background that this article starts from the legislative thought of social standard. This article discusses the implication of the contracting system, the legislative performance and its defects and how to perfect the three issues To superficial discussion, focusing on how to improve this system, in order to teach in 10,000.