Research On The Effectiveness Of Appointment Contract

In 2020,the "Civil Code" was implemented,and the appointment contract was officially included in the general rules of the contract compilation.This is the first time that the appointment contract system has appeared in the official law in history,and it is also a highlight of the "Civil Code".Although appointment contracts have existed in my country’s judicial practice for many years,different judges often choose the validity of appointment contracts when trying appointment contract disputes.The direct consequence of this is the appeal rate and retrial applications of appointment contract cases.The continuous increase has not only caused troubles to judicial efficiency,but also reflected the public’s difficulty in approving the results of the judgment.The effectiveness of the appointment contract is the most important thing in the research of the appointment contract system,but the current research on the effectiveness of the appointment contract in my country’s academic circles often separates theory and practice,especially in practice how the judge chooses the effectiveness of the appointment contract and how to determine the appointment.The effectiveness of the contract is rarely summarized.Aiming at the core theme of the effectiveness of appointment contracts,it is more appropriate to conduct research with a combination of theory and case.It should start with the concept,characteristics and functions of appointment contracts,eliciting related issues about the effectiveness of appointment contracts,and various theories about the effectiveness of appointment contracts.It also analyzes the theoretical basis in detail to explain the current differences between the theoretical and practical circles on the effectiveness of appointment contracts,including the "negotiation theory","contracting theory","differentiation theory",etc.,as well as the rationality and unreasonability of different views.Place.Through the analysis of China’s reservation contract validity legislation and judicial status,it can be found that in legislation,the "Civil Code" has almost blank provisions on the validity of reservation contracts.The establishment of reservation contracts is the prerequisite for judging its validity.It should be distinguished from ordinary contracts under this agreement,but there is confusion.Moreover,after the appointment of the contract takes effect,it should be effective for continued negotiation,or the effect of forcing the parties to conclude this agreement should be adopted.There is no clear legislative provision.,Legislative problems directly lead to the fact that in judicial practice,different judges have too much autonomy in choosing the effectiveness of each appointment contract case,and it is difficult to form a unified judicial trial path.On the basis of understanding the problems existing in the legislation and judicial practice of the validity of appointment contracts in our country,it is necessary to turn to the outside world at this time,and it is very necessary to discuss the regulations on the validity of appointment contracts in some countries outside the territory and related practices in practice.Analyzing some of the outstanding achievements of these countries in legislation and justice will help to provide a useful reference for the further improvement of the effectiveness of my country’s appointment contract in theory and practice.Finally,with regard to the improvement of the path for determining the effectiveness of an appointment contract,it is suggested that the path from the establishment of this contract to the effective date of the effectiveness determination can be used as a reference.First,the premise of determining the effectiveness of an appointment contract is the establishment of the appointment contract.There are big differences in the contract.For example,in terms of form,the appointment contract must be presented in writing,and in terms of content,the appointment contract must include the agreement that the parties separately sign this agreement;second,the appointment contract is also invalid as a communication Therefore,it is necessary to analyze the establishment of the appointment contract and the choice of validity.Third,the improvement of the judgment rules for the validity of the appointment contract can be started from three aspects.One is to use the clarity of the content as the basis for the judgment of validity,and the other is to ensure the judicial trial.It is recommended to categorize the effectiveness of the appointment contract.The third is to determine the effectiveness of the appointment contract according to the stage in the process of signing the appointment contract,that is,the hierarchical stage of the contract.