On The Application Of Consideration In The Examination Of Contract Validity

China,when establishing the theoretical system of contract law,mainly draws on the civil law contract law represented by German law,and advocates that the contract law is an integral part of the debt law.However,the theory of contract effectiveness centered on the theory of debt law tends to judge the validity of contracts by the authenticity and legitimacy of meaning expression.At the same time,in order to protect the rights and interests of individual contractors,a large number of non-contractual behaviors are classified into the contract field and protected same as contracts.In practice,in the face of the substantive needs of the contract effectiveness review,it is necessary to check the missing vacancies one by one in the form of guiding cases,and the contract has a situation of "lower entering conditions and higher exceptions".This problem reflects that in the process of contract-debt law in China,some scholars artificially divide the effectiveness of contract by the promise system into the effectiveness of the contract establishment phase and the effectiveness of the contract effective phase,misinterpreting the contract validity and contract establishment,and the contract is effective.The relationship between contract execution power,too much emphasis on the contract form and contempt for the substantive functions of the contract.At the legislative level,the above legal concepts are confused with each other,causing the theory and practice to be out of touch.It can be seen that the civil law contract law takes the philosophical free will as the starting point.It believes that the validity of the contract is based on the promise of the parties.The foothold is a single contractor,and there is a situation m which the party's free will is light and the contract function is light.In contrast,the Anglo-American contract law advocates the principle of consideration as the core to form an independent contract system and a unique contractual composition theory.The contract is regarded as an institutional tool for market transactions,focusing on the unique function of the consideration of the balance of interests between the two parties.It is the institutional need of society to regulate contractual behavior.In the early stage of the development of the Anglo-American law,the principle of consideration arises from the need to distinguish between the arbitrary expression behavior of the parties and the serious contractual behavior in practice,and the simple consensual behavior is removed from the contract field and is therefore regarded as the "point of legal guarantee".In practice,the consideration is already the core element of the contract dispute review:distinguishing the contract behavior from the contractual behavior through the consideration,not only saves judicial resources,but also regulates the contractual behavior of the parties and strengthens the rule of law in society.In theory,the principle of consideration not only distinguishes between the parties' "conspiracy due to offer and commitment" but the non-legally binding stage of agreement and the "contractual force that is legally binding due to the principle of consideration";with the Anglo-American contract law The development of the contract,especially the contract theory of "no need to be equal to the price" and the restriction theory of "promise estoppel",supplemented and explained the principle of contract formation with the principle of consideration as the core,and the consideration system has become anglo-American.The core system of contract effectiveness in contract law.The advantages of the price system in the Anglo-American law can be divided into the formal functions in the practical application and the substantive functions at the legal system level.At the institutional level,the consideration system pays more attention to guiding the parties to correctly exercise their right to conclude contracts and restrict the arbitrariness of the parties to sign contracts.However,such restrictions on the price system tend to over-emphasize its formal functions and even violate party autonomy.Therefore,in improving the contract effectiveness system,especially in solving the functional requirements of the practice of contract effectiveness theory and the need to standardize the parties' freedom of expression,the consideration system is subject to the review of the establishment and effectiveness of the contract,the warning of the contractual force of the parties and the assistance of judicial practice.