合同成立是合同法领域的基础问题,但在立法和理论上常将其与合同有效和生效相混淆,造成了合同法内部及其与其他相关制度逻辑上的矛盾,影响合同法功能的发挥。本文拟运用价值分析、实证分析和比较法方法对合同成立的内涵和外延、构成要件及法律效果进行分析,以区别于合同有效和生效。 The establishment of a contract is a basic issue in the field of contract law. However, it is often confused with the validity and invalidity of the contract both in legislation and in theory, resulting in the logical contradiction between the contract law and other related systems and affecting the function of contract law. This paper intends to use value analysis, empirical analysis and comparative method to establish the connotation and extension of the contract, the components and legal effects to analyze, in order to distinguish the validity and effectiveness of the contract.