Change of Contract functions in Contemporary Japan and Rethinking of Contract Low Doctrine

经过三年的研究和探讨，我们得出以下结论：1）作为合同核心的“合意”事实上并不是在合同成立时就已经确定的。相反，它是在解决合同争端时通过阅读协议来定义和重新定义的。在该阅读中，三个压倒一切的关注，即否认权力，知识的获取，和边界的维护。2）今天，合同由第三方评估其公平性，并根据他们的评估进行改革。这种第三方干预的根源在于以下三个问题，并基于以下三个问题找到其合法性。即监督交易的公平性，家长式的监督弱者，加强党际问题的解决。3）比较日美契约，它的独特之处在于，协议与其说是各方任意意志的特殊一致，不如说是社会广泛共识的反映。这种认同与共识的平衡导致了日本接触/侵权边界的流动性。

With 3 years of research and discussions, we got the following results.1) The "agreement" which is the core of contract is in fact not formed definitively at the time of contract-formation. Rather, it is defined and redefined by the reading the agreement at the time of resolving the contarc disputes. In that reading, three overriding concerns, namely denial of power, aquirement of knowledge, and maintenance of boundary are noticed.2) Today, the contract is evaluated by the third parties for its fairness and reformed by them based on their evaluations. This third party interference has its roots in, and found its legitimacy upon the following three concerns. That is, policing the fairness of the bargain, paternalistic overseeing the weak, and strengthening the inter-party problem solving.3) Comparing the Japanese contract with that of U.S., it is unique in that the a greement is not so much the idiosyncratic concurrences of arbitrary wills of the respective parties as the reflection of the consensus held widely in the society. This equation of the agreement with the consensus leads to the fluidity of the contact/tort boundary in Japan.