Study On The Application Of Law In The System Of Unqualified Disposition

At present,China has no right to dispose of the effectiveness of the contract,mainly under the "Contract Law" provisions,is determined by the right person.Such a provision protects the interests of the right owner to a certain extent,but does not take care of the relative transactional security.Article 3 of the Supreme People's Court promulgated in June 2012 on the interpretation of applicable legal issues in the sale and purchase of a contract dispute would tend to recognize the effect of not having the right to dispose of the contract.The author believes that in the current context of China's economic and social development,especially the combination of "rule of law in China," the overall design,no power to deal with the system as ancient and modern legal issues,has been scholars and judicial practice.Combined with the current China's "Contract Law","Property Law" and "Civil Law General(Draft)",I believe that,despite the right to dispose of the legal system has been a lot of controversy,but in accordance with the top of the legal system of our society,The effectiveness of the disposal of the contract and some of the specific judicial practice,through the system reconstruction,to create a Chinese characteristics with the right to dispose of the legal system.Based on the model of real right change,this paper studies the mode of operation and the method of non-right disposition system in judicial practice,and tries to form the legal system with no right to dispose of the legal system.At the same time,there are still some shortcomings in the theory and practice of our country's right to dispose of the system,such as the difficulty of defining the validity of the contract(there is only a clear judicial interpretation of the validity of the contract of sale),and there is a conflict between the real right and the creditor's rights,The right to dispose of the conflict with the concept of safe trade,there is no right to dispose of conflicts with other civil legal system,and in specific practice,whether the new property is not included in the subject matter of the need to deal with the relevant theory and judicial practice Research,so as to further enrich the relevant theory of non-disposition system,and provide reference for judicial practice.This article through the right to dispose of the doctrine to sort out,is to say that the invalid,the effectiveness of the proposed,effective analysis.These three theories also correspond to different changes in the real right mode.In the comparison of the legislation without the right to dispose of the real right change mode,there is no right to disagree with the change of real right.On the basis of this,this paper analyzes the present situation of the legislation without restriction system in our country,and discusses the research from the contract law and the property law respectively,mainly on Article 51 of the Contract Law and Article 106 of the Property Law This paper analyzes the current situation and the problems in the judicial practice,and puts forward the countermeasures to improve the perfection of the system of non-right disposition in our country: This paper,through the doctrine of combing,argues that there is no right to dispose of the relevant theory to show the validity of the theory,that is to say,the validity of the theory of the three pillars of the state,but combined with our legal practice to Mr.Liang Huixing as the representative of the effectiveness The view is still the mainstream theory of our country without power to deal with the system,its views are also reflected in the "Contract Law";the second is for the real right to change the mode of the right to deal with the problem,this paper through the analysis that China in the real right The change pattern has a unique form,not only with the real right of formalism,nor is it a complete form of credential formalism,there is still a need to further explore and explore the real situation of real right to change the situation;third is for the right to punish the system in the judicial The existing problems in the practice,by drawing lessons from the practice of non-right outside the system,put forward the right to determine the contract is not valid as a valid contract(there is no contract law 52 cases),the establishment of the principle of separation of power,The legalization of the bona fide acquisition system,the incorporation of the new property into the scope of the system without authorization,and the efforts to promote the research results of this article in line with the rule of law in China.