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贿赂行为订立合同,如果损害了国家利益,应当依据我国《合同法》第五十二条第一项确认合同无效。但在界定国家利益时,不应当轻易将国有独资公司或国有控股公司的利益认定为国家利益。在实践中,贿赂行为订立合同的效力有时依据《合同法》第五十二条第一项确认无效,这会带来理论和实践的诸多问题。依据《合同法》第五十四条,将贿赂行为订立合同认定为可撤销可变更合同,赋予法人以一定期限内的撤销权和变更权,这体现了对法人独立意思的尊重,有利于鼓励交易,同时也有利于保护受贿赂行为损害的法人的利益。
If a contract is concluded as a bribe, if the state interests are harmed, the contract shall be invalidated in accordance with the first clause of Article 52 of the “Contract Law” of our country. However, the interests of solely state-owned companies or state-controlled companies should not be recognized as a national interest in defining their national interests. In practice, the effectiveness of bribery contracts is sometimes invalidated on the basis of Article 52 (1) of the Contract Law, which brings about many problems in theory and practice. Pursuant to Article 54 of the Contract Law, the conclusion of a contract for bribery as a revocable contract may be modified to give legal persons the right of revocation and alteration within a certain period of time, which reflects the respect for the independent legal person’s interests and encourages the encouragement Trading, but also conducive to the protection of the interests of legal persons damaged by bribery.