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消费合同是随着现代社会经济的不断发展而衍生出来普遍适用于生活消费的一种新交易形式,具有许多不同于普通民商事合同的特性。对于消费合同,我国法律规制明显不足,还存在着法律规范尚不成体系、效力的判断标准不够明确、效力规制过于单一等问题。本文认为要弥补消费合同的效力在法律规制上的不足,更好地保护处于劣势地位的消费者的合法权益,有必要完善我国消费合同在效力上的法律规制。
Consumption contract is a new form of transaction which is derived from the continuous development of modern social economy and is generally applicable to the consumption of life. It has many characteristics that are different from those of civil and commercial contracts. For the consumer contract, the legal regulation of our country is obviously insufficient. There are still some problems that the legal norms are not yet established, the judgment standard of validity is not clear enough, the regulation of effectiveness is too simple and so on. This paper argues that in order to make up for the insufficiency of legal regulation on the effectiveness of consumer contracts and to better protect the legitimate rights and interests of disadvantaged consumers, it is necessary to improve the legal regulation of the effectiveness of consumer contracts in our country.