Study On The Validity Of The Contract In Violation Of The Mandatory Regulations Of The Administrative Regulations

According to the provisions fifty-second of China's Contract Law of the fifth paragraph,in violation of mandatory provisions of administrative regulations,the contract is invalid.As for Contract Law judicial interpretation(two)fourteenth,the definition of further restrictions is regarded as mandatory provisions for mandatory provisions.But China's law does not refer to how to distinguish the provisions of mandatory provisions and management mandatory,which leads to the judge in practical cases in the same administrative regulations that have different cognizance of contracting phenomenon.Nowadays,most of the researches on mandatory regulations in our country are theoretical,and there is no special research on violation of the mandatory provisions of administrative laws and regulations.The paper firstly summed up 200 cases by using the method of case analysis,and making violation of mandatory administrative regulations as the search keyword in Business.Including the contents of the contract from the contract,the contract subject,three aspects of the examination and approval procedures.These factors are figured out administrative regulations mandatory provisions,and those can lead to invalid of contract.Study on the criteria to distinguish provisions on the mandatory provisions as well as management of mandatory was conducted.So as to provide theoretical basis in the judicial practice and the validity of the contract.Therefore,how to exactly judge the validity of the contract needs a further research.Firstly,the normative purpose interpretation method and the principle of proportionality must be used.The analysis of the normative purposes of administrative regulations with mandatory provisions should be conducted.The result is to find out the interests which is protected by administrative regulations.Then the interests protected by administrative laws and regulations are compared with the interests protected by the contract,to determine the priority of the both.The effectiveness of the contract can be more accurately determined.