On The Validity Of Examination And Approval Of The Administrative Contract

The mandatory provisions in the contract law of external direct performance autonomy restrict the parties, but the purpose is to protect the individual freedom in the private sector, and create a legal environment for economic development. The revision process and the relevant provisions of the China on the background of "administration", affirming the existence of the validity of administrative examination and approval of the contract without the objective trend, in fact "contract effectively" effectively resolve the "not in effect" interpretation of the law on the nervous, and is more in line with the civil law principle of proportion, more conducive to the realization of civil freedom spirit. The practice of the foreign-invested enterprise equity transfer contract involved in the operation, in the absence of other effect of the defect situation, should be recognized as a valid contract, and is not transferred before the administrative examination and approval.There are four parts in full texts :The first part is composed of "Yuanxing company share transfer" case practice dealing with "relationship problem effect" of administrative examination and approval and the contract, three kinds of theory this problem has always existed,three kinds of theory change reflects the private rights of economic expansion, more open and free of administrative power,weakening trend, so this paper without administrative examination and approval to the foreign-invested enterprise equity transfer contract in no other effect of the defect situation, should be recognized as a valid contract, before the administrative examination and approval by the transfer of ownership is not.The second part discusses the theoretical relationship between the administrative examination and approval and the effectiveness of contract basis, the administrative examination and approval from nature is a mandatory requirement,so the combination of mandatory provisions of nature, research status at home and abroad as well as the relevant problems, proposed in the current China’s judicial environment, deal with therelation between two should fully respect the freedom of contract, the private rights shall tendency protection.The third part mainly combs the current relevant laws and regulations, the analysis of the current legal difficulties and contradictions with the vision of the theory of interpretation, based on regression of administrative examination and approval purposes, puts forward that the contract effective comply with the change trend of legal interpretation in china.The fourth part explores the path selection of the relations of the two from the legislative point of view, and then draw the determination of validity of the contract will be conducive to the healthy development of the market economy, will help to achieve the purpose of the contract, and maintain the integrity of the contract law system.