


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 7, No. 3, 2024 

www.scholink.org/ojs/index.php/elp 

55 
 

Original Paper 

Research on Compulsory Contracting Obligation of Civil 

Liability under the Civil Code 

Yixi Quzhen
1
 

1
 School of Political Science and Law, Tibet University, Lhasa, Tibet, China 

 

Received: October 20, 2024    Accepted: November 5, 2024   Online Published: November 7, 2024 

doi:10.22158/elp.v7n3p55              URL: http://dx.doi.org/10.22158/elp.v7n3p55 

 

Abstract 

This paper introduces the concept of compulsory contracting obligation from the case analysis, and 

analyzes the characteristics and types of compulsory contracting obligation. Subsequently, the civil 

liability for breach of the compulsory contracting obligation is analyzed from its nature and constituent 

elements, and its liability method is proposed and introduced in detail. 

Keywords 

compulsory contracting obligation, violation, civil liability 

 

1. Case Review 

The plaintiff is the owner of the house in Xingcheng City, and the defendant Shuangxing Heating 

Company is an enterprise that provides heating services for the third phase of Century Huafu District in 

Xingcheng City. In August 2020, the plaintiff purchased Xingcheng housing from Xingcheng Fubang 

Real Estate Development Co., Ltd. In October 2022, the plaintiff obtained the housing ownership 

certificate of Xingcheng City. On October 18, 2022, the plaintiff paid the defendant 3944 yuan from 

2022 to 2023 according to the heating price of 24 yuan per square meter and the billing area of 164.35 

square meters (including the basement area of 48.74 square meters). During the acceptance of the 

defendant Shuangxing Heating Company, it was found that the door connecting the garage and the 

basement of the household was still not completely closed, which was an illegal act of unauthorized 

expansion of the heating area. The plaintiff was asked to make rectification and said that the heating 

was suspended before the rectification. On October 22, 2022, the plaintiff complained through the 8890 

platform that the heating unit refused to heat because there was a door between the network area and 

the non-network area. The heating office of xuanxing city went to the scene of the house involved in 

the case to consult with the plaintiff and the defendant on the issues reflected by the plaintiff, and no 

agreement was reached. On October 28, 2022, the Xingcheng Heating Office replied that it was found 



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that the household was Room 102, Unit 1, Building 16, Phase 3, Century Huafu Community. The 

basement of the original design drawing of the house was not connected to the garage. The user 

changes the building structure of the house without authorization, so that the garage is connected with 

the basement (with a warm room). According to Article 33, paragraph 5 of the “Huludao City Heating 

Regulations”, the user may not expand the heating area without authorization. If heating is needed, the 

user needs to rectify it himself. The defendant Shuangxing Heating Company has not restored heating 

to the house involved in the plaintiff’s case. In another investigation, in July 2018, the defendant 

Shuangxing Heating Company and Xingcheng Fubang Xingcheng Fubang Real Estate Development 

Co., Ltd.signed a “heating access agreement” on the issue of community access heating in the case. In 

October 2019, the defendant Shuangxing Heating Company conducted a preliminary test of the heating 

facilities of the Xingcheng Century Huafu Phase III community. During the acceptance process, the 

company found that there were 21 households with basements on the ground floor of the community, 

and there was a connection between the network basement and the garage. Among them, the basement 

containing 102 rooms in unit 1 of building 16 is connected to the D4-51 garage, and it is proposed that 

the garage is connected to the network basement. It is necessary to go through the network access 

procedures by the development enterprise, or restore the original wall of the basement door to the 

garage to maintain the independence of the basement space. In November 2019, the defendant 

Shuangxing Heating Company began to provide heating for the third phase of Xingcheng Century 

Huafu District. Again, there is a burglarproof door between the basement of the plaintiff’s house and 

the garage. The plaintiff provided invoices, housing warrants, the defendant’s submission of the 

network access agreement, on-site video, 8890 platform reply, etc., and the statement transcripts of the 

parties. 

The court of first instance believes that civil subjects engaged in civil activities should follow the 

principle of fairness and reasonably determine the rights and obligations of all parties. According to 

Article 648 of the Civil Code of the People’s Republic of China; the power supply contract is a contract 

in which the power supplier supplies power to the electricity user and the electricity user pays the 

electricity fee. The power supplier who supplies power to the public shall not refuse the reasonable 

contract requirements of the power user. In combination with the relevant provisions of the Civil Code 

on the reference to the applicable power supply contract for the heat supply contract, the heating 

service enterprise shall also provide the heating obligation in accordance with the state regulations and 

shall not refuse the heating in accordance with the above provisions. Although there is no written 

heating agreement between the plaintiff and the defendant, the defendant is responsible for the heating 

service in the district where the house is located. The plaintiff has paid the heating fee, and a de facto 

legal relationship has been formed between the plaintiff and the defendant. Article 26 of the 

“Regulations on Urban Heating in Liaoning Province” stipulates that “during the heating period, the 

heating unit shall ensure normal, stable and continuous heating, implement 24-hour uninterrupted 

service, strengthen inspections, find problems or receive repairs, and shall deal with them in a timely 



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manner”. In the life of residents, electricity, water, gas and heat are all public goods closely related to 

people’s livelihood. Ordinary residents generally cannot directly choose the main body to provide 

products and services. In the district where the plaintiff lives, the defendant is the only unit that 

provides heating services. The heating pipelines and other facilities in the district are managed by the 

plaintiff. The plaintiff, as the owner of the house involved in the lawsuit, can only accept the heating 

services provided by the defendant. If the defendant refuses to provide services, the plaintiff will be in 

a situation where heating services cannot be obtained, which is unfair and does not conform to the basic 

principles and spirit of the law. Therefore, the defendant, as the only heating institution in the heating 

service area, cannot refuse to provide heating services for the plaintiff. The plaintiff has paid the 

heating fee, and the defendant should fulfill the heating obligation. Therefore, the plaintiff requests to 

resume heating and support it according to law. 

In this case, we can see that the compulsory contracting obligation guarantees the plaintiff’s own rights 

and interests. Chapter X Contracts for the Supply of Electricity, Water, Gas and Heat in Title III of the 

Civil Code Contracts for the supply of electricity, water, gas and heat in Title III of the Civil Code are 

contracts in which one party provides electricity, water, gas and heat for the use of the other party, and 

the other party makes use of these resources and pays remuneration. The characteristics of the contract 

include the public nature, that is, it has a compulsory contracting obligation. 

 

2. Concept of Compulsory Contracting Obligation 

The concept of compulsory contracting first appeared in Germany. German scholar Medikus explained 

the compulsory contracting in his own works. German scholar Medikus believes that compulsory 

contracting is under the legal norms. In order to protect the rights and interests of the beneficiaries, the 

obligor has the obligation to sign a contract with the beneficiaries, and the content of the contract 

should be specific or neutral and fair. Professor Wang Liming believes that compulsory contracting is 

the conclusion of a contract. It is not based on the consent of the person at that time. As long as one 

party makes a contracting request, the other party has a statutory contracting obligation. 

Article 494 of the “Civil Code of the People’s Republic of China” states that where the state issues 

national ordering tasks or mandatory tasks in accordance with disaster relief, epidemic prevention and 

control, or other needs, the relevant civil subjects shall conclude contracts in accordance with the rights 

and obligations stipulated in relevant laws and administrative regulations. The parties who have the 

obligation to issue an offer in accordance with the provisions of laws and administrative regulations 

should issue a reasonable offer in a timely manner. The parties who have the obligation to make 

commitments in accordance with the provisions of laws and administrative regulations shall not refuse 

the other party’s reasonable contract requirements. 

Therefore, compulsory contracting refers to the obligation of the civil subject to conclude a contract 

with the counterpart at the request of the counterpart, or the obligation of the civil subject to issue an 

offer to the counterpart to conclude a contract. The former is mandatory commitment, and the latter is 



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mandatory offer. The civil subject who has the obligation to sign a contract with the counterpart is 

called the contracting obligor. The contracting obligor has the obligation to make an offer to the other 

party or to make a commitment to the offer made by the other party, which is the compulsory 

contracting obligation. This obligation is legal, and the contract concluded because of the performance 

of the compulsory contracting obligation is a compulsory contract. 

China’s Civil Code stipulates the following compulsory contracting obligations: 

(1) The “Civil Code of the People’s Republic of China” stipulates that if the state issues mandatory 

tasks or national ordering tasks as needed, the relevant legal persons and other organizations shall 

conclude contracts in accordance with the rights and obligations stipulated in relevant laws and 

administrative regulations; 

(2) The “Civil Code of the People’s Republic of China” stipulates that the lessor who sells a rental 

house shall notify the lessee within a reasonable period of time before the sale, and the lessee shall 

have the right to purchase first under the same conditions;  

(3) The “Civil Code of the People’s Republic of China” stipulates that the carrier engaged in public 

transportation shall not refuse the usual and reasonable transportation requirements of passengers and 

shippers. 

 

3. Characteristics of Compulsory Contracting Obligation 

3.1 The Power of Compulsory Contracting to the Contracting Obligor Comes From the Law 

The compulsory contracting obligation is imposed by law on the obligor, which is a legal obligation. It 

cannot be refused without justifiable reasons, and must bear the relevant legal consequences of 

violating this obligation. Mr. Liang Huixing once proposed that the supervision of contract freedom 

plus public law is to protect the relatively weak party. The compulsory contracting obligation has its 

particularity and needs to be applied cautiously. From this point of view, the power of compulsory 

contracting to the contracting obligor must come from the law. 

The law of our country is statute law, so the law is lagging behind the development. At this time, the 

legal principles can play a complementary and bottom-up role. In the face of great controversy among 

judges and the lack of specific provisions in the current law, it is difficult to apply directly. It is 

necessary to rely on legal principles to make judgments and allow them to play a command and 

auxiliary function. In addition, the “honesty and credit, public order and good customs, equality and 

voluntariness” in the legal principles are highly abstract and can be flexibly used to properly fill the 

legal loopholes caused by the lag of the law. 

3.2 Compulsory Contracting Has the Dual Attributes of Public Law and Private Law 

Public law is related to national interests. The object of its adjustment is the state and public interests. 

One party is the state, and the other party is subordinate or obedient, which is mainly reflected in 

mandatory norms. The private law is the object of adjustment is personal interests, the main emphasis 

is the equality and freedom of the individual. From the above, we can find that there is a clear boundary 



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between public law and private law. However, with the rapid development of society, there is a trend of 

public law infiltrating and integrating into private law in various places and countries. In order to 

realize the right of equality in law, many compulsory contracting obligations are stipulated. 

“Compulsory” has the color of public law, and “contracting” has the characteristics of private law. The 

compulsory contracting obligation originates from the law, which naturally has the nature of public law. 

In addition, the compulsory contracting obligation still needs to be established through the offer and 

commitment of both parties, which is the core and manifestation of private law autonomy. And the 

compulsory contracting obligation is to achieve substantive justice, which corrects the “non-free” part, 

which is an important principle and value of private law. 

To sum up, compulsory contracting not only has the nature of public law, but also has the nature of 

private law. On the one hand, it reflects the mandatory nature of the state, and the scope of adjustment 

is not only limited to the scope of private law, but also covers public law-such as administrative law, 

economic law, criminal law and so on. On the other hand, compulsory contracting still conforms to the 

characteristics of private law, follows the essential attributes of private law, and runs on the track of 

private law. 

3.3 The Contractual Freedom of the Forced Contracting Party Is Limited 

The principle of freedom of contract refers to the freedom of the parties to decide whether to enter into 

a contract and who to enter into a contract. The freedom here refers to the decision to decide 

completely according to their own wishes without any restrictions. The compulsory contracting 

obligation makes the forced party not have no way to exercise the right to freely contract, and to force 

the conclusion of the contract according to the law. Although the compulsory contracting obligation 

limits the contractual freedom of the forced contracting party, its essence is to protect the overall 

interests of the relatively weak party and prevent some units with strong economic strength and 

monopoly status from arbitrarily using their own advantages to infringe on the interests of ordinary 

people. Because of the huge strength and economic gap between the two sides, in order to avoid the 

ordinary people being forced to accept some unfavorable and harsh terms due to this gap and monopoly 

relationship, only the contractual freedom of the forced parties can be restricted to a certain extent. 

3.4 Neutrality and Extensibility of Compulsory Contracting Obligation 

The compulsory contracting obligation is neutral, because the compulsory contracting obligor needs to 

comply with the compulsory contracting obligation, but it cannot stipulate the specific content and 

terms of the contracting contract. In addition, the establishment of the contract also requires the parties’ 

own meaning to complete the direct offer and commitment. Therefore, the compulsory contracting 

obligation is a means, which can only balance the interests of both parties in a neutral position and 

safeguard the overall interests as much as possible. The compulsory contracting obligation is also 

extended. The development and change of society is extremely rapid, and the law often lags behind the 

development of society. We often face some areas where the compulsory contracting obligation 

originally needed is no longer needed, and the areas that were not originally needed need to apply the 



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compulsory contracting obligation for development reasons. In order to better adapt to the development 

and changes of society, protect the interests of vulnerable groups and maintain social justice, the 

obligation of compulsory contracting also needs to change with the development of these situations. 

 

4. Types of Compulsory Contracting Obligations 

4.1 Direct Compulsory Contracting 

Direct compulsory contracting means that the law has direct provisions on compulsory contracting 

obligations, mainly some public utilities, such as the supply of hydropower, coal, natural gas and other 

units, or based on a specific identity, occupation and obligations, such as motor vehicle drivers and so 

on. 

At present, China’s direct compulsory contracting mainly includes: 

(1) Public transportation: like buses, taxis are closely related to the lives of ordinary people, and are 

important means of transportation for people’s daily travel. The service objects of these vehicles are 

uncertain. Therefore, many places have issued relevant laws and regulations. Taxi drivers are required 

not to refuse passengers when passengers make reasonable demands. However, it is also determined 

that the following three conditions can be rejected: taking a taxi in a place where parking is prohibited; 

taking a taxi when a person who is restricted or incapable of civil conduct travels alone; passengers put 

forward unreasonable compliance legal requirements. 

(2) Public utilities: The compulsory contracting obligations in this area are mainly stipulated in water 

supply, electricity, coal, heating and other industries closely related to the lives of ordinary people. 

These industries have something in common: first, the goods and services provided by these industries 

are necessities in people’s daily life, and people’s daily life is inseparable from these goods and 

services; second, most of these industries are monopoly enterprises. If the enterprise does not perform 

the contract, people’s daily life will lose the basic living conditions and quality of life. Therefore, as 

long as the compulsory contracting obligation is implemented from the legal level, people’s daily 

production and life can be guaranteed. 

(3) Medical treatment : Article 27 of the “Medical Law of the People’s Republic of China” points out 

that doctors should take emergency measures to treat patients in need of emergency treatment, and 

should not refuse emergency treatment; if the opinions of patients and their close relatives cannot be 

obtained due to emergency situations such as rescuing dying patients, the corresponding medical 

measures can be implemented immediately with the approval of the head of the medical institution or 

the authorized head. Therefore, doctors and hospitals have a mandatory contracting obligation in the 

case of acute illness. 

(4) Insurance industry: in China’s “motor vehicle traffic accident liability compulsory insurance 

regulations”, Article 10 points out that the insured should choose to engage in motor vehicle traffic 

accident liability compulsory insurance business qualifications insurance company, the selected 

insurance company may not refuse or delay underwriting. However, most of the contracts in the 



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insurance industry are based on the results of free consultation between the parties. 

4.2 Indirect Compulsory Contracting 

Indirect compulsory contracting refers to the compulsory contracting that is not expressly stipulated by 

law but is applied by analogy according to the relevant principles of public order and good customs in 

civil law. At present, China’s indirect compulsory contracting includes the following two types: 

(1) Easement: a party is the state and for the public interest of the society to lay or build canals and 

other reasons need to use other people’s land, if the use of easement mode, according to the relevant 

provisions of the “property law”, the parties to set up the easement shall be concluded in writing the 

contract. And the law stipulates that the land owner, the right to land contractual management and other 

land applicable rights holders in the content of the contract should have a mandatory contracting 

obligation.  

(2) Specific service industries: such as catering accommodation and even haircut and other service 

industries, although there are many similar shops, ordinary people in a refused service will not affect 

people’s living conditions. However, in a specific area or situation, there may be only one catering and 

accommodation enterprise in this area or during this period. At this time, this enterprise refuses 

customers to eat and stay, which will affect the daily life of ordinary people. Therefore, these industries 

have compulsory contracting obligations under certain conditions. 

4.3 Distinguish between Direct and Indirect Meaning 

Its significance is that the law has very clear and specific provisions for direct compulsory contracting, 

which can be directly applied with reference to the law. The indirect compulsory contracting is derived 

from legal provisions or legal principles, and its application is more complicated than the direct 

compulsory contracting, which may lead to improper application. 

 

5. Civil Liability for Breach of Compulsory Contracting Obligations 

5.1 The Nature of Civil Liability for Breach of Compulsory Contracting Obligations 

Compulsory contracting is that the law expressly stipulates that the obligor bears legal obligations and 

cannot arbitrarily change the obligor’s corresponding obligee to enjoy legal rights. They have the right 

to request the contracting obligor’s right to contract with him. However, contracting is, after all, a legal 

act that can only be reached by consensus between the two parties, requiring the parties to perform in 

accordance with the specific content of the offer commitment. If the obligor fails to perform its 

obligations in accordance with the content of the compulsory contracting, the relevant rights of the 

obligee cannot be realized or even cause damage to the interests, the obligor needs to bear the 

corresponding legal liability for its failure to perform its obligations. However, at present, there is no 

clear stipulation on the specific nature of civil liability in legislation, and there are different opinions in 

academic circles. 

 

 



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At present, there are four main theories about the specific nature of the civil liability of the compulsory 

contracting obligor: 

(1) The theory of contracting fault liability: The point of view of this theory is that civil liability should 

be borne for breach of compulsory contracting obligations, and civil liability is contracting fault 

liability. Professor Wang Liming believes that the party’s refusal to enter into a contract with the other 

party in violation of the compulsory contracting obligation is a kind of contracting fault behavior. 

Therefore, the compulsory obligor should bear the contracting fault liability for his refusal to enter into 

a contract. Professor Wang Liming’s reason is that the violation of the compulsory contracting 

obligation occurs at the contracting stage and will damage the interests of the counterpart.  

(2) Tort liability theory: The point of view of this theory is that the liability for breach of compulsory 

contracting obligations is tort liability. At present, Germany, France and China’s Taiwan region all 

agree with this view. In the tort law of Germany and France, the act of violating the obligation of 

compulsory contracting is considered to be an act of infringing the rights of the counterpart, and it is 

also a kind of tort. Therefore, German and French countries define civil liability for breach of 

compulsory contracting obligations as tort liability. 

(3) Liability for breach of contract: The point of view of this theory is that compulsory contracting is an 

obligation expressly stipulated by law. The content of this obligation is that it is necessary to conclude 

a contract with the counterpart, and most of the compulsory obligors are units or organizations that 

provide public services. Therefore, according to the legislative purpose and content, the rest within the 

scope of the compulsory contracting obligation should be established on the basis of legal provisions. 

That is to say, even if the compulsory contracting obligor refuses to conclude a contract with the 

counterpart, the contract is still valid. Therefore, the doctrine holds that the civil liability for breach of 

compulsory contracting obligations should be characterized as liability for breach of contract.  

(4) Independent liability theory: The point of view of this theory is that the civil liability for breach of 

compulsory contracting obligations is an independent civil liability. The reason is that the purpose of 

the state’s establishment of compulsory contracting obligations is to urge public service agencies to 

actively fulfill their social responsibilities and ensure that the daily lives of ordinary people can be met. 

Therefore, the public service institution rejects the contracting request of the counterpart, and the public 

service institution should bear the responsibility of “actually fulfilling” the compulsory contracting 

obligation. Therefore, the civil liability for breach of the compulsory contracting obligation should be a 

type of liability independent of the existing liability. 

5.2 Constitutive Elements of Civil Liability for Breach of Compulsory Contracting Obligations 

(1) Operators have compulsory contracting obligations in the contract: the following three operators 

have obligations in the contract. The first is the monopoly of quasi-public goods or service contracts: 

the contract mainly includes life resource-based and basic service-oriented quasi-public goods branding 

service contracts. The second is the monopoly of private goods or service contracts: although private 

goods are not of a public nature, it should be to fully allow the market to compete freely, and operators 



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enjoy contract freedom. Therefore, only if the operator abuses the relevant status to infringe on the 

rights and interests of the general public, it will have a compulsory contracting obligation. And the law 

explicitly prohibits the act, for example, “refuse to trade with the counterparty without proper reason”. 

Third, non-monopolistic but discriminatory private product or service contracts: although it is said that 

the operator is essentially aiming at profit in the business process, there will be no discrimination 

caused by some other reasons. However, sometimes due to the operator’s own political position, 

interests or religious beliefs, it will set up some special conditions for products or services or refuse to 

provide products or services to certain types of consumers. 

(2) The operator has the behavior of violating the compulsory contracting obligation: first of all, the 

operator must refuse the contracting behavior, which will violate the compulsory contracting obligation, 

and then there is the possibility of civil liability. In addition to the positive act of refusing to conclude a 

contract, the operator’s violation of the compulsory contracting obligation also includes acts that do not 

constitute implied commitments, omissions of intention realization, and improper contracting 

conditions: First, unless the operator has reasonable reasons, it cannot expressly inform the consumer 

of its non-compliance with the compulsory contracting obligation, otherwise it will constitute a 

violation of compulsory contracting. Second, although it is not clear to refuse to perform the contract, 

but the establishment of some unreasonable restrictions, which is actually equivalent to the refusal to 

perform the contract, its legal effect is consistent with the refusal to perform the contract, need to bear 

civil liability. 

(3) The consumer’s request for contracting is legal and has the possibility to perform: the operator must 

first have the obligation to force the contracting, and secondly, it must also be based on the legality and 

enforceability of the contracting request. Otherwise, the civil liability is not legitimate, and the 

compulsory contracting obligation will lose its meaning. The understanding of the legality and 

enforceability of the contracting request proposed by the consumer is as follows : First, the contracting 

request should be specific and include the intention to enter into a contract with the operator, and the 

operator should be reasonably convinced of the contractual rights it requires to establish through the 

commitment; at the same time, the inviter has issued an offer to the counterpart, and the content and 

form of the offer are in accordance with the law. Secondly, the contract is enforceable. Firstly, the 

compulsory contracting obligation is essentially to ensure that the ordinary people can enjoy the rights 

and interests they should enjoy, emphasizing the conclusion of the contract and the realization of the 

interests after the conclusion, so as to ensure that the ordinary people can obtain the necessary 

resources and services for life. Therefore, the service advocated by the contracting request should be 

within the scope of the service business of the operator with the compulsory contracting obligation and 

its service capacity. 

 

 

 



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5.3 Ways of Bearing Civil Liability for Breach of Compulsory Contracting Obligations 

(1) Forced conclusion of a contract  

In the above, we have repeatedly mentioned that the compulsory contracting obligation is essentially to 

protect the basic life of the ordinary people. The purpose of its establishment is not to compensate for 

the losses caused by the violation of the compulsory contracting obligation, but to urge the public 

service units to perform their duties and reach a contract with the counterpart to ensure that the basic 

needs of the ordinary people are met. The core of the compulsory contracting obligation is also to 

protect the rights of relatively vulnerable groups. Therefore, for forcing the obligor to refuse to 

conclude a contract without good reason, the most important way of responsibility is to actually fulfill 

its obligations and conclude a contract, which is not only more practical than compensating for losses, 

but also more able to protect the rights and interests of ordinary people. For example, A opened a 

factory in a city with frozen goods as the main product, which needed to use a lot of power facilities in 

the process of production and life, but the local power company refused to conclude the contract. From 

the case, we know that, compared with the compensation for the existing losses, the performance of the 

contract with the local power company is the most meaningful way to bear the responsibility. 

(2) Damages  

As mentioned above, although the most effective and practical way to bear responsibility is compulsory 

contracting, it is not applicable or partially applicable to some contracts. Professor Cui Jianyuan 

proposed that the compulsory obligor should give the counterpart corresponding compensation for the 

part that has not been compensated for the compulsory contracting. Especially in the case of damage to 

personal rights and interests, damage compensation is more reasonable and more able to protect the 

rights and interests of the other party. Therefore, damage compensation plays an important 

complementary role. For example, A took a taxi to a city, but the driver refused to carry it on the way 

and asked A to get off the highway. Subsequently, the rear car caused a serious collision with A, 

resulting in serious injury to A. In this case, it is no longer meaningful to continue to enforce the 

contracting. Relatively speaking, damage compensation can better safeguard the interests of a. 

(3) Apology  

Apology is a common way to make up in daily life, and it is also a common way to bear civil liability, 

which is also applicable to the violation of compulsory contracting obligations. For example, the 

compulsory obligor’s refusal to perform does not cause substantial damage to the counterpart, but has a 

certain impact on its spirit, and the impact does not reach the level of compensation, then the act of 

apology can be reflected. For example, the refusal to perform the contract leads to the dissatisfaction of 

the counterpart, resulting in his mental discomfort. At this time, the apology can play a role in soothing 

and alleviating the emotion of the counterpart. Furthermore, apology basically does not produce 

economic costs and is easy to use. It can not only resolve the contradiction between the two sides, but 

also play a disciplinary role in the obligor. It is a good way to achieve both ends. 

 



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6. Conclusion  

The purpose of the state’s establishment of compulsory contracting obligations is to urge public service 

agencies to actively fulfill their social responsibilities and ensure that the daily lives of ordinary people 

can be met in order to safeguard the interests of vulnerable groups. At present, there is no provision in 

China’s legislation that violates the legal consequences of compulsory contracting obligations, and only 

administrative and criminal responsibilities are stipulated, and there are few provisions on civil liability. 

And the nature of civil liability for breach of compulsory contracting obligations has not been clearly 

defined, and the academic community has more controversy about its nature. 

 

References 

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Li, X. (2021). On civil liability for breach of compulsory contracting obligations. Zhong Nan 

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Liu, F. (2012). On Compulsory Contracting Obligations. Liaoning University.  

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