Study On The Effectiveness Of Contract Which Violate Mandatory Provisions

Validity of the contract violating mandatory provisions is an important issue in contract law.Domestic scholars have begun to pay attention to this issue, and judicial practice hasgradually moved away from the error of "illegal=invalid". Mandatory provisions have beennarrowed in effectiveness and mandatory provisions by Contract law interpretation. However,what is effectiveness and mandatory provisions, the law lack a clear criterion, which createproblems for the judge in the actual trial.This paper used the concept analysis method, defined mandatory provisions from nature,connotation and denotation field, and through a comparative approach, inspected foreignscholars’ views on the effect of contract violating mandatory provisions, arrived at a correctunderstanding at last. In addition, this paper also applied historical analysis method,described the legislation and defects on the period of economic contract law and newcontract law, which request for reconstruct this issueThe first chapter of essay argued for the necessity of setting terms, and laid the foundationfor the subsequent discourse. The second chapter proposed the view that effectiveness of thecontract violating mandatory provisions is affected by the relationship between public andprivate law. The third chapter is the critical study on the provisions in our law about thisissue, explaining the deficiency and the adverse consequences. The fourth chapterreconstructed effectiveness of the contract which violates mandatory provisions from twoaspects of the legislative and private law.