Research On Prohibition Of The Return System Of Illegal Contracts

As for legal consequences of illegal and invalid contracts,Roman law settled that there was no return relief for the fault side,and currently,the civil law system and the common law system also provide that there is no restitution.However,in our country,both the General Principles of the Civil Law and the Contract Law only have permissible return and compensation rules.Not only the existing general permissible return principle cannot act as a deterrent to crime,but also reduces a negative effect that encourages someone to violate integrity,damaging the basic and worthy principle of the Civil Law,namely,the principle of good faith.Reasonable approach to solve this problem is to introduce the prohibition of return system of illegal contract,and to comprehensively consider some factors such as the seriousness of the illegality,legislative purpose and subjective status of the parties,finding justification whether to support the return of the parties after the contract invalid claims.In addition,we should ease the intention between integrity and state control,and build up the idea of encouraging integrity.