Abstract: Many scholars argue that real contract should be abolished because it apparently conflicts with consensualism.In spite of this,the theoretical and practical ground for the  existence of real contract has been underestimated due to the misunderstanding to it.From the perspective of justification,real contract can truly reflect the form of transaction and provide norm for the disputes between the parties,and on some occasions,it may balance the benefits between the parties.From the perspective of necessity,such design can meet the demands of realistic social life and provide possibility for the design of untraditional real contract in the future,and some new transaction types even need such design.Real contract in China should be rectified on the base of the above jurisprudence.

Key words: real contract, consensualism, gratuitous contract