论未生效合同及其救济

未生效合同是合同法确立的一种独立存在的合同状态,不仅与无效合同、有效合同、可撤销合同有明确的区别,而且具有效力上的可救济性。对未生效合同进行合理救济,不仅是贯彻合同法确立的鼓励交易、合同自治原则的需要,而且也是司法和执法实践中正确解决合同纠纷,化解社会矛盾,谋求社会稳定,维护国家、社会和有关当事人合法权益的有效手段。

None -effect Contract and Its Relief

None-effect Contract is a kind of contract which exists independently in the Contract Law of the Peoples Republic of China.It not only has the obvious difference with the invalid contract,valid contract and revocable contract,but also has its own characteristics and effect.Under-effect Contract is relievable contract in effect.With the reasonable relief,it not only can help to encourage business and stick to Self-Decision Princi- ple on the Contract Law of PRC,but also can help to resolve contract disputes,establish harmonious society, defend the lawful fights and interests of the country and the party in the in judicial practice.