我国大陆通说认为,无效的法律行为,“是欠缺法律行为实质性要件,自始、确定和当然不发生法律行为固有效力的”法律行为。因此,作为法律行为下位概念的合同一旦无效,也就永远地、不可挽回地发生法律效力,不会因任何主客观情况的变化而变得有效,纵使合同当事人有补救的意愿。笔者认为,对有些未违背公共利益而只是事关私法自治原则的合同,我们仍然坚持认为如果它们是确定的、当然的无效,而不给予特定当事人以任何补救机会的话,有违私法自治原则,合同无效概念应区分为相对无效和绝对无效。 My mainland China said that the invalid legal act “is a legal act that lacks the substantive elements of legal acts and does not inherently determine, and certainly does not, have a legal act.” Therefore, once a contract that is a concept under the legal act is ineffective, the legal effect will be forever and irrevocably committed and will not become effective because of any subjective and objective changes, even if the parties to the contract have the will to remedy the matter. In my opinion, some contracts that are not contrary to the public interest but only affect the principle of the autonomy of private law, we still insist that if they are definite and certainly invalid, without giving any remedy to any particular party, The concept of invalid contract should be divided into relatively ineffective and absolutely ineffective.