The Classification And Disposition Of The Effectiveness Of The Mandatory Norms

With the gradual development of market economy,“illegal cause invalid” planned economy figure has quietly withdrawn from the stage of law,and people’s private law autonomy has been effectively protected.However,in the process of modernization of civil law gradually,more and more public law content into the field of civil private law,and intertwined,resulting in public law and private law applied to the scale,and the boundaries are difficult to distinguish.As a result,there are many public laws over the impact of private law disputes,including the effectiveness of mandatory norms is one of the important.In this context,the article form the following four parts of the effectiveness of mandatory to study.In the first part,I analyzed the basic concept of the efftiveness of mandatory.In the face of the effectiveness of mandatory norms lack of concept in the legislation and the judicial practice,I focused on the connotation and extension,and then,I studied the internai struture itself and the function of the effectiveness.Finally,I also pointed out the significance of the effectiveness of mandatory norms to define the concept of.In the second part of the article,I have distinguished the types of the effectiveness of mandatory norms on the basis of the existing classifificationg.First,I demonstrated the necessary value to study the types of the effectiveness of mandatory norms,then on this basis,I also demonstrated the necessary methods to carry out the typological research.Secondly,I conducted a systematic study on the existing classification theory,and analyzed the classification of defects.Finally,on the basis of the above classification,I used the above typed method to classify the validity of the mandatory norms into our types,private law type and public law type,criminal law type and administrative type,principle type and Rule type,subject qualification type and authority type.In the third part,I analyzed standard configuration and the lacks about effectiveness of the mandatory norms on the basis of the above classification,then I contacted the new "General Principles of Civil Law" and put forward the corresponding suggestions on how to carry out the legislative allocation of the mandatory code from the various types of perspective.In the fourth part of the article,on the basis of the above types of research and configuration,I puted forward their own understanding and methods in judicial practice.And I taked the "City Real Estate Management Act" Article 39 as an example to identify the effectiveness of mandatory norms.