交叉要约,是指缔约当事人双方采取非对话式对话方式,相互不约而同地向对方发出了两个独立且内容相同的要约的现象。交叉要约能否成立合同关系在我国没有统一的定论,从《合同法》鼓励交易和尊重当事人自由意志的角度出发,缔约双方当事人有一致的缔约意图,且发出的要约内容具有一致性,应该承认交叉要约成立合同关系的积极意义。但是交叉要约因欠缺协商而推定双方达成合意又失之牵强,并且认定交叉要约成立合同,亦将与要约撤销权产生冲突。本文从交叉要约的性质出发,对交叉要约能否成立合同关系提出自己的分析和观点。 Cross-offer refers to the fact that both parties to a contract adopt a non-dialogue dialogue and issue two separate and identical offers to each other. Whether the cross-offering can establish a contractual relationship does not have a unified conclusion in our country. From the perspective of “contract law” to encourage transactions and respect the parties’ free will, both parties have the same contracting intent and the content of the offer is consistent and should be admitted The positive effect of cross-offer formation on the contractual relationship. However, due to the lack of negotiation, the cross-over offer presumed that the two sides reached a satisfactory conclusion, and that the formation of the cross-offer contract would also conflict with the right of withdrawal of the offer. Based on the nature of the cross-offer, this article puts forward its own analysis and opinions on whether the cross-offer can form a contractual relationship.