The Thinkings Of The Contract Invalidity System

The invalid contract is in relation to the terms of the contract, although it refers to the establishment of the contract, but because of their violations of laws and administrative regulations or public order and good customs, it was confirmed invalid. That the contract is effective or ineffective directly impacts on the intentes of the parties to achieve the interests of the contract can be effectively realized. However, the contract is valid or invalid depends largely on a country's laws, contract law in particular which made the contract effective institutional arrangements. The contract invalidity system is designed to prevent state parties to damage public interest by the name of the contract. The contract invalidity system is established in Contract law for most people's freedom, with full respect for party autonomy, although in the contract Judicial practice in effect for the contract to confirm the basic attitude is clear. But there is no uniform standards and methods in the contract and the effectiveness of treatment , which performs in different places on the court and lower courts, and between different judges ,there are controversies in handling with the same cases or similar cases,to a certain extent, which affected the legal authority, and the safety of transactions and economic development.This paper uses the history of the methods,comparion methods and empirical methods,that will attempt to analyse and inspect the existing problems by a number of aspects of China's current contract invalid system .so as to reveal the contents and essences of the system and Combined with our real feelings to improve the contract invalidity system. so that we can apply the relevant contents in the judicial practice more accurately and reasonably. Reduce the production of the invalid contract, protection of transaction security, better safeguard the interests of the parties.