Research On The Contract Effectiveness System In China

China's effective contract system is mainly embodied in the contract law,general provisions of the civil law,insurance law and relevant judicial interpretations.There has been extensive and in-depth discussion on the contract effectiveness system in Chinese academic circles.However,the academic research often focuses on the issue of contract effectiveness in a certain field,and there is a lack of comprehensive research on China's contract effectiveness system.This paper analyzes the problems of the effective contract system in China.Generally speaking,both the general provisions of civil law and the contract law of our country take"lawfully established contract" as the precondition to discuss the validity of contract.However,the timing of the effectiveness of the contract varies.Our country "contract law"does not stipulate the standard that becomes offeror,our country "insurance law" specified the offeror of insurance contract.The main body of our country "contract law" regulation,without qualification(unauthorized agent),to enter into a contract,may also be legally,may also come into effect,the Supreme People's Court on the applicable < contract law of the People's Republic of China >(a)"the explanation of some issues that goes well beyond the behavior of the authority to enter into a contract can take effect,however,our country"contract law "article 9(see article),a precondition of the effect of the contract is eligible to enter into a contract.In addition,the provisions of article 9 and article 47 of the contract law of China are also in conflict.On this basis,this paper summarizes in detail the consequences of the incompleteness of the contract effectiveness system.In judicial practice,the burden of proof of one party is enlarged,the offeror and the acceptor are confused,the interests of both parties are unbalanced,the coverage of the withdrawal and cancellation system is insufficient,and the legal liability of the contract not in force cannot be determined.On the basis of drawing lessons from the system of contract effectiveness outside China,this paper holds that only by determining the independence of contract effectiveness can we further improve the system of contract effectiveness in China.To solve the mismatch between the contract law and the general provisions of the civil law,we will resolutely put an end to the direct attribution of the same legal phenomenon between the establishment of the contract and the legality of the contract.Solve the "contract law" and"insurance law",on the premise of maintain insurance contract belongs to special contract,appropriate to break through the confine of "contract law",starting from the protection of rights and interests of policy-holder,before make the underwriter signs and issue policy,rather than the insurer received an offer,set to withdraw an offer and the revocation of the time point,determine a reasonable insurance contract review period.Solve inside the"contract law","contract law" and judicial interpretation of the conflict,on the premise of the contract shall become effective after its establishment,so as to maintain social stability,promote the trade flow,reflect the interests of all parties concerned and true intention,establish a deterrent standard contract become effective,"prescribed by law","subject to consent by the other party.