The Validity Of Contracts Subject To Administrative Examination And Approval

Administrative examination and approval system has long as the Chinese government to adjust the market economy activities important means of supervision and management in order to improve the control must be theoretical system of administrative examination and approval of contract system,it is necessary to clarify the administrative examination and approval before we go through the formalities for examination and approval of the administrative contract in the effectiveness of the situation,an approval to the examination and approval of the nature of the violation obligations as well as the responsibility of the contract that the other party.Based on the administrative examination and approval of the contract in did not deal with the formalities for examination and approval of the effectiveness of the stage as the center,to the existing for sorted out without the approval of the effectiveness of the contract theory,through the establishment of the contract effective effect of three different levels to demonstrate the effectiveness of the contract without the approval status,and on this basis to explore the nature of the obligation of the contract approval breach approval and produce to contract the responsibility of the phase of each other's benefits and the rights and obligations under the contract for approval when sharing,specific style includes the following four parts:The first part,the theory of administrative examination and approval of the contract effectiveness of controversial introduction current judicial interpretation in view of the specific provisions of the contract shall be the administrative examination and approval,and points out that the nature of responsibility existing in the current judicial interpretation and the relief way does not match the problems such as the effectiveness of the administrative examination and approval contract effectiveness dispute this part mainly analyzes the effectiveness of the academic circles for without the approval of the administrative contract in the different point of view,is divided into four kinds: without the approval of the contract is not invalid without the approval of the contract is not without the approval of contract with pending validity not take effect without the approval of the contract is effective This paper introduces the main reasons for the four viewpoints,analyzes and evaluates the four validity viewpoints,and points out the author's disapproving points.The second part,it should be the establishment of the administrative examination and approval of the contract first,points out the influence of the administrative examination andapproval of contract effectiveness,clear administrative examination and approval in view of the contract shall become effective on the stage,the approval of the object is limited to the contract belongs to the contract shall become effective on the special requirement of administrative examination and approval,is second,need not sufficient condition for the contract become effective without the administrative examination and approval of the contract has been set up and is the valid contract based on contract effectiveness of three levels,from two part of the contract of effective,points out that the contract shall become effective on the effective and is two different concepts,approve or not does not affect the establishment of the contract and effective.The third part,without the approval of administrative examination and approval of the contract shall become effective on the argument contract partially effective,clear the nature of the obligation of the contract approval,approval obligation to be independent,the approval and obligations under the contract terms are independent of the other terms of the contract,the effect has been first second,after nature of the administrative examination and approval,to satisfy the contract shall become effective on the special requirement,contract shall become effective on the whole in the end,if the contract ultimately didn't get approval,special,cannot meet the effect of contracts to determine cannot take effect,the contract is null and void automatically.The fourth part,liability of breach approval and first of all,the argument for violating the obligation for nature,the responsibility of breach approval and does not belong to the contracting fault liability,after approval obligation arising from contract holds water,and had to take effect,in violation of the obligations lead to liability for breach of contract second,in clear violation of the obligations for relief way approval obligation of the parties refuses to perform the obligation,to the opposite party of the contract,can take to terminate the contract approval to compensate for the losses by way of relief.Finally,it is clear that if the contract is not finally approved,if there is an agreement between the parties to share the rights and obligations of the contract,it shall be handled in accordance with the agreement;if there is no agreement between the parties,it shall be at its own risk.