| "Contract Law Of The People's Republic Of China " has such a provision---- "the provision that in violation of laws,, is invalid", this provision in the actual theory called "illegal invalid", essentially "illegal invalid" in relation to safety issues relates to market transactions, on the other hand, it is also related to civil and commercial validity of the contract maintenance. Especially in the "Supreme People's Court interpretation of applicable <People's Republic of China Contract Law> Issues II"(hereinafter referred to as the "Contract Law Judicial Interpretation II") in article 14 of the "Contract Law" Article 52(5) paragraph related matters concerning mandatory provisions be interpreted as "the effectiveness of mandatory." From this perspective, "which means both in academic circles and judicial practice will have to explain some of the problems faced, and where the mandatory provisions of the relevant provisions on the effectiveness of and manageability, it is in practice It caused a series of chain reaction. " Management norms issued the original intent of that violation of the provisions of the relevant acts of punishment, but in fact can not be denied that this action pursuant to civil effects on civil and commercial law. The effectiveness of the legal norm refers is clear that the circumstances of the breach of such provisions will result in an invalid contract situation appears, on this basis, only the effectiveness of breach of peremptory norms, only invalidate the contract occurs. From the above, the effectiveness of the mandatory provisions of the contract to determine, judicial practice is a complex and abstract proposition, even more important is the need to organize information about compulsory standardization and validity of the contract relationship, so far, also no one really strict and uniform criteria, and therefore often finds highly relevant objection. This paper attempts to study peremptory norms, to explore its relationship with the Contract. |
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