旧有的《经济合同法》、《涉外经济合同法》、《技术合同法》均未对合同的效力与合同成立作严格的区分。这几部法律不仅未使用“合同生效”概念,在体系安排上也没有把合同效力作为独立一章。过去的做法是将合同效力制度的有关内容并入“合同订立”一章,并且也没有严格区分合同效力的不同形态。这些做法在实践中产生了很多弊端。 The old “Economic Contract Law”, “Foreign Economic Contract Law”, “Technology Contract Law” did not make a strict distinction between the validity of the contract and the establishment of the contract. These laws not only do not use the concept of “contract entry into force”, nor do they make the contractual arrangements an independent chapter in institutional arrangements. In the past, the relevant contents of the contract effectiveness system were incorporated into the chapter of “contract formation” and there was no strict distinction between different forms of contractual validity. These practices have had many drawbacks in practice.