试论合同的范围及其法律适用

On the scope and legal application of contract

在社会生活中 ,合同是一个非常广泛的概念 ,《中华人民共和国合同法》的适用范围 ,只限于体现民事财产权利义务的民事合同 ,并对这类合同采用综合性的法律调整。身份合同虽属民事合同的范围 ,但并不纳入《合同法》的调整范围。行政合同、劳动合同在社会生活中居于重要地位 ,与民事合同存在必然的联系 ,但却与民事合同有着本质的区别 。

Contract is a very extensive concept in the social life The scope of application of Contract Law of the People's Republic of China only focuses on civil contracts reflecting civil rights and obligations in property, and adopts comprehensive legal regulation to adjust this kind of contracts Contracts of identity are part of civil contracts, but they are not brought into the scope of regulation of Contract Law Administrative contracts and Labor contracts, which are very important in the social life, have positive connections with civil contracts, but meanwhile, they also have substantial differences from civil contracts, so they should be respectively regulated by Administrative Law and Labor Law