论无民事行为能力人订立的合同——兼评《合同法》第四十七条

我国合同法将限制民事行为能力人实施“依法不能独立实施的”行为而订立的合同规定为效力待定合同,可以经过法定代理人的追认而有效,却将无民事行为能力人订立的所有合同都认定为无效合同．这样就在法理解释、法律适用等方面产生了许多问题,有悖于民法的立法宗旨,也不利于对无民事行为能力人利益的保护,因此急需通过对合同法的解释和修订来加以解决．

On the Contract Concluded by A Person Without Capacity of Civil Conduct——And Discussion About the Defect and Perfection of Article 47 In Contract Law

According to the contract law of our country, the contract concluded by a person with limited capacity for civil conduct through the act that cannot be independently performed, is considered as contract of undetermined validity. It can become valid through the ratification of his statutory agent. However all contracts concluded by a person without capacity for civil conduct are determined as invalid. Thus, many problems arise in such aspects as the interpretation of principle of law, application of law, etc. and it is contrary to the legislative object of civil law, and not beneficial to protecting the interests of the person without capacity for civil conduct. Therefore, it is urgent to solve the problems through the interpretation and revision of contract law.