Leagal Study On Void Contract

Freedom is the most important value of the contract; moreover, the contract also could reflect the autonomy of private law. Nevertheless, void contract is a state intervention in freedom on the will of parties by compulsory measure. In the course of the govement by law in socialism is important to cultivate a consciousness of private law,which will lead the citizen do the thing by their own will but exclude coercive measure by the govement.There is a conflict between citizen and public.The critical point of the dissertation is how to find a balance between them.In addition, according to analysis of judicial practice, there is a close relationship between identification of void contract and development of economic activity. At the present stage, it is widely believed that there are several issues in Contract Law have obstructed our country socialist economy to develop, such as oversize scope of void contract, and lack of clear definition. Based on relevant articles of law, this dissertation will define and identify 'National Interest','Effect of peremptory norms', and 'Public Order and Moral'again in theory. Furthermore, in the light of judicial practice, the void contract will be improved through the increase, amending and deleting of the relevant provisions.