Research On The Application Of The Article 52 Item 5 Of The Contract Law

From the whole legal system,civil law and others operate in their own way but interact at the same time to arrive at its final aim: protect the personal benefit,make sure the interests of the public are safe and the society develops orderly.Civil law need to coordinate with the other laws to help the legal system can serve the society equally.In my opinion we should firstly praise the multiple theoretical results;then the theory should serve the practice during which our practice fields take “Lead to specification” idea and further more use Article 52(4)to judge the contract effect.Thirdly since this term is certificated as the referral terms that have already enter in to the private law,the judge should wisely decide its dimensionality: first of all if there are clear regulations about the result of offend this law,then the contract is invalid.Second,if there are no clear regulations about the result of offend this law,we should use the fourth regulation which has a close relationship with the fifth regulation for that is a few thin when come into the practice.So the fourth regulation is seldom be used alone.From the contents I have discussed above,the fourth and the fifth regulations cannot leave each other.The right way for them is combination.Both the theoretical circle and judicial practice have made beneficial exploration on this regulation.But the pity is that there is no final conclusion as well as practical measure since now.A phenomenon we must acknowledge that the application of this regulation has formed typing decision.From my perspective we should take the interest measurement in to consideration when face this kind of cases.This article can be divided into five parts,which use the writing logic of break and build: find the solving way from the case as well as put forward its problem;then analyses the problems(break);the latter two parts is my opinion.The first part is elaborates how to distinguish between administrative mandatory provisions and effective mandatory regulations and extract the key problem through the searching of abundant cases and the application condition of Contract Law.The second part is to find the answer theoretically and practically and then find the problem according to the key point of the first part.The third part is to solve the problem of the second part,re-interpreting article 52(5)of Contract Law.The fourth part: come back to the practice and put forward my thought of the way to apply article 52(5)of Contract Law.