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我国自改革开发以来,社会分工越来越细,尤其是习近平总书记提出的“一带一路”经济战略,促使经济发展从国内到国际更加频繁,这也意味着多如牛毛的民商事合同正渗透到我们的日常生活中,从合同的订立到合同的履行,每一个环节都影响到商主体的权益。那么合同一方或案外人在合同履行过程中权益受到侵害时,是通过确定合同无效还是撤销合同亦或是同时诉讼维护权益,本文试从两者概念、法律责任与法律适用的角度分析,从而为民商事主体解决纠纷提供便捷、有效的法律救济途径。
Since the reform and development in our country, the social division of labor has been getting smaller and smaller. In particular, General Secretary Xi Jinping proposed the “Belt and Road” economic strategy to promote economic development from domestic to international markets more frequently. This also means that many prosperous civil and commercial contracts are being infiltrated To our daily life, from the conclusion of the contract to the performance of the contract, every aspect affects the rights and interests of business entities. Then the contract party or an outsider in the process of performance of the contract is infringed upon by determining the contract is invalid or the contract is canceled or at the same time litigation to safeguard the rights and interests of this article from the perspective of the concept of both legal liability and the application of law to The main body of civil and commercial disputes to provide convenient and effective legal remedies.