With Recognized Standards

Void contract is a term which is contrary to effective contract.Tradictionally,this kind of contract is supposed to be absolutely,originally and surely ineffective. Generally speaking,for many of the so- called void contact,because it is concerning about the public benefit,it must be supposed to be the absolutely void contract.Yet,as a matter of fact,through the examination on the form of all kinds of void contract,we can find,that some of the defects only concerning the principle of private law autonomy,if we insist on judging it a void one,and not offering any opportunity for the very party to compensate,then what our laws are dealing with are not maintaining the principle of private autonomy,whereas,it is by the contraries.In order to comprehensively understand and clearly define void contract,this article analyzes in detail the concept,characteristics and determination of void contract, with the help of legal analysis of void action.This article consists of three parts:the introduction,the main text and the conclusion,and the main text is divided into three chapters.Chapter I, the summary to void contract. First,through comparing with the elaboration of the void contract what some domestic and foreign scholars have had,the author promulgates the concept of the void contract.Next,on the basis of the explanation of the concept of the void contract ,the author has carried on the systematic analysis on the legal characteristics of void contract. Then,the article elaborates the value criterion of ascertainment of void contract.Chapter II,the ascertainment of void contract. On the basis of making detailed comparison and analysis on judgment criterion in the Civil Law countries and Common Law countries ,the author deeply analyzes the judgment criterion of absolutely void contract in our country.In chapter III, through the analysis and argument in this chapter,the author points out regrets and limitations of void contract system in our country and the problems of void contract in practice. And then the author puts forward his own opinions.