The Validity Of The Contract Lack Of Legal Formal

China's current Contract Law establishes the basic principles for the freedom of a contract. It abandons the formalism which original "three contract law" has adhered to; instead, the form of the free principle of the contract is adopted which only set the requirements on its form for a particular contract. Generally speaking, China's Contract Law complies with the trend of the times, but is still inadequate- it does not establish a sound evaluation model for the contract that lack of formal requirements for legal validity.This article aims to explore the ways for China's Contract Law to perfect the form of statutory, which of the most importance is to build sound effectiveness of evaluation model by means of sorting out the legal form of the evolution process, taking examples of abroad (mainly Germany) legislation, case experience and academic theory.This article is divided into five parts as below:The first part is about the basic definition. Firstly, it introduces the types of forms- mainly in writing and notarized, and analysis that registered and approved are not the forms of contract. And then it focuses on demonstration that the "form" should be the effective elements for the formal contract, rather than the establishment of elements.The second part is the historical evolution of contract formalism. Formalism, from the Roman period to the modern contract law, experienced the development process of a decline from prosperity and then to re-enabled. The legal form in modern contract law and the legal form in Roman times are essentially different.The third part is the legitimacy of the legal form. Through the analysis on evidence function of the legal form, alerts, protect the vulnerable party functions and the function of maintenance of public interests and national interests features, it comes to that the legal form should be limited to the contract area of the disadvantaged party in relation to the interests, public interests and national interests; Law should not interfere too much in purely private interests involved in the field of contract.The fourth part introduces German evaluation model on validity that lack of legal form, and the point of views in German academia. German law, as the basic principles of contract null and void, also provides for the conversion rules and performing the rules of for healing; in judicial practice, it takes the principle of good faith as correction means.The fifth part is seeking to structure the evaluation model on the contract effectiveness that lack of legal form. The main contents include the specification of the scope of the statutory form, clearing the contract invalidation without legal form, improve performing the rules of healing, applying the principle of good faith.