长期以来,我国的司法实践对无效合同在掌握上宽严不一,在认识上莫衷一是,甚至将合同的成立问题与合同的效力问题混为一谈,将一些已经成立但不具备生效条件的合同都作为无效合同对待,消灭了本来不应该被消灭的交易。这与现代合同法鼓励交易的基本精神或价值目标是相违背的。本文试就无效合同确认的有关问题作一分析,与大家探讨。 For a long time, the judicial practice of our country is incompatible with the mastery of invalid contracts. It is incomprehensible in our understanding that even the establishment of the contract is confused with the validity of the contract. Some contracts that have been established but do not have the effective conditions are regarded as invalid The contract is treated, eliminating the transaction should not be eliminated. This runs counter to the basic spirit or value goal that modern contract law encourages the transaction. This article tries to make an analysis on the related issues of invalid contract confirmation and discuss with everyone.