The Relationship Between The Executive And The Validity Of The Contract's Approval

Administrative examination and approval to establish the purpose is to better achieve the country's economic activity control and control. From the view of legislation and judicial practice, the degree of attention of our country to the examination and approval contract is increasing, the introduction of judicial interpretation of the issue of the system interpretation. However, from the follow-up of the court's judgment, although the recognition of the effect of the examination and approval contract basically formed a unified, but the legal status of the contract did not come into force as well as the legal consequences after the commencement of the law, there are still large differences between different courts, some courts still take invalid contract to treat, which is not conducive to the settlement of disputes, but also the legitimate interests of both pa rties to the contract. It is based on this situation, I hope that through the approval of the key issues in the contract, that is, the relationship between approval and effectiveness of research, to clarify the effect of approval procedures for the contract effectiveness, contribute to the perfection of the relevant legislation pending the approval of the contract, This paper discusses the problem according to the following ideas:Firstly, the key link of the administrative examination and approval is d iscussed. Clear the nature of administrative examination and approval is post supervision of judicial activities rather than ownership, the examination and approval only for contract review form rather than substantive examination. At the same time in orde r to more accurately define the applicable scope, the administrative examination and approval and mandatory provisions and the principle of distinction were compared, a clear distinction between them, so as to define the scope of approval of the contract in terms of administrative examination and approval.Secondly, by combing the confusion of the academic and academic community for the examination and approval contract, we clarify the problems and the main obstacles that we have to deal with when we deal with the disputes.Again, the approval of the contract system for the foreign law study. Through the comparison of the different provisions of Germany, Japan and the Anglo American legal system, try to find a suitable dispute handling experience for our country.Finally, the effect of the contract without approval is discussed. By combing the existing types of the contract, the difference between the effective contract and the invalid contract is clear, and the legal binding force of the contract is also discussed, the approval of the terms of the approval of the contract and the validity of the contract to distinguish. At last, through the negative approval of the revocation and the path of compulsory execution to resolve the dispute over the contract pending.