The Perfection Of Illegal Contract Invalid System Of China

The contract null and void as a legal phenomenon, usually refers to the agreements already reached between the parties or the transaction has been completed can not occur legal effect is expected to the parties or terms and conditions can not be legally binding occurs. The traditional theories of civil law holds that invalid contract will lead to a contract from the beginning do not take effect. The Contract Law of PRC was promulgated in1999.It is the third stage of the development of China’s Contract Law. In order to narrow the scope of the invalid contract, the52nd clause of the contract law is stipulated that the contracts which violate compulsory regulation of the legal or administrative rules will be invalid. The judicial interpretation of contract law (1) will also determine the legal validity of the contract limited to the laws and administrative regulations, exclude local regulations and administrative rule.It can be said through the way to limit the legal position the scope of the invalid contract be greatly reduced. It is with history of progressive significance. But with the continuous development of society the way to limit the legal position also has its limitations. Social and public interests exists not only in the laws and administrative regulations but also exists in the local regulations and administrative rules. Meanwhile, China’s contract system lack of relief program on the validity of the contract, once a contract has been determined to be invalid lack of validity of the contract relief program. This is a defect of the China’s legislationThis article is divided into four parts, first part:introduce the definition of the illegal contract also the illegal contract theory of the western countries. Analyzing by the illegal contract theory of Japan, France, Germany and common law countries, draw the conclusion that not all in violation of mandatory provisions of the contract is invalid in these countries. The same time these countries give the judge discretion to determine the validity of the contract. Determine the validity of the contract must be integrated into a variety of factors.Second part:introduced the theoretical changes and legislative changes of the illegal contract in China. By comparison China’s illegal contract lead to invalid judgment began to take an increasingly cautious attitude. Excessive intervention in the phenomenon of China’s public law private law is still very serious.Third part:analysis of illegal contracts related to deficiencies of the system. Point out the existing problems of China’s legislative and judicial.Also point out that China’s lack of validity of the contract relief program.Forth part:On the basis of home and abroad a variety of theories and judicial processing, put forward the recommendations of the of Perfection illegal validity of the contract system.