On The Effectiveness Of China's Violation Of The Mandatory Provisions Of The Contract

For years, many scholars have studied on the contract validity in violation of compulsory regulation. According to the regulation of"China Contract 2009 ExplanationⅡ", quotes cognizance contract shall be invalid, the laws and administrative rules and regulations compulsory regulation were restricted to effective compulsory regulation. In this context, Scholars carried out in-depth discussion on this issue.This article first started with the nature, content and the existence of compulsory regulation. And then from the perspective of comparative law,the author investigate violations of compulsory regulation on national legislation and practice situation. Further violation of compulsory regulation of the contract from the effect of the provisions of the legislative history to start, expounded China's relevant legislation and analyzed the rationality that limit compulsory regulation to Effective Compulsory Regulation. The Validity of Contract is according to if the Illegal contract Inconsistent with the national interest and Public interest, in other words, it's according to Principles of Public Order and Moral. Based on the above conclusions, then the author propose a sound system for breach of Compulsory Regulation of the validity of the contract proposal.