On The Effectiveness Of Administrative Examination And Approval Contract

The adjustment function of administrative examination and approval of contract with both public law and private law,relating to State control and the balance between private interests,in the law of contract level is shown as the direct intervention of the public powers of autonomy.Therefore,concerning the administrative examination and approval to what extent affects the contract effectiveness,without administrative approval should be the validity of the contract and shall bear the legal consequences of violations of administrative examination and approval contract,there is a controversial legal theory and practice.Status of the administrative examination and approval based on combing the contract on the basis of discussion on administrative examination and approval of the nature of the contract,expand the impact of administrative examination and approval of contract research,administrative examination and approval in order to have a more in-depth understanding of legal effect of contracts.The text is divided into four parts:First part for administrative examination and approval of contract status,sorts out the administrative examination and approval of contract-related legislation and administrative examination and approval contract case of the administration of Justice,and to introduce the doctrine on the effectiveness of administrative examination and approval of contract dispute.On the effectiveness of administrative examination and approval of contract law,administrative regulations,judicial interpretations and regulations requirements difficult to achieve effective joint between each other,administrative approval to affect the definition of the legal effect of the contract ambiguous.Justice on the effectiveness of administrative examination and approval of contract identified after four stages,current referee comments still appear in the administration of Justice,the law applicable is not unified.Also,in theory,without administrative approval should be the validity of the contract,including the formation of said contract,contract says,contracts not entered into force three views.The second part describes the nature of the administrative examination and approval of the contract.Administrative examination and approval of the contract with "free to return" in nature,also have "rights" in nature,is mainly determined by the contracts concerned by,the key lies in the purpose of the contract and the value orientation of the public law of such contract.Administrative examination and approval of contract validity of influence andimpact on about an appointment with similarities,but there is a functional difference between the two.Administrative examination and approval of contract to a certain extent similar to the statutory conditions for the entry into force of the contract,but this is not the true meaning of "condition".And for the relationship with the mandatory provisions,it can be argued that provisions of laws and administrative regulations set the administrative examination and approval,whatever its provisions directly affect the mandatory provisions,and thus affecting the effectiveness of the contract.Third part analyses the impact of administrative examination and approval of contracts.First,from form distinguish out administrative approval may on contract effectiveness of specific effect state,including established,and entered into force,and effective,and invalid,and effectiveness pending,and can revoked can change,;second,in analysis process in the,will administrative approval terms divided for clear sex approved terms and doubts sex approved terms,which clear sex approved terms due to legal,and administrative regulations has clear administrative approval on contract effectiveness of effect,so strictly according to method provisions meaning for type of analysis,Approval of doubt provisions will try to use the principle of reasonableness and identify the methods of legal interpretation.The fourth part is perfecting the system of administrative examination and approval contract proposals.First,the detailed legislation,legislation on the value and purpose,if you choose to contract directly intervene,you should first express administrative approval for the contract itself,without direct intervention to contract,but the legislative technique,taken back to change the rights or the performance of control methods.Second,the administrative approval from the contract accurately and the types of provisions for administrative examination and approval of contract interpretation reasonable,reasonable application of legal responsibility of the administration of Justice.