The Research Of Legal Effect Of Contract That Damages The Public Interest In China

The principle of freedom of contract is a basic principle of the contract law of various countries(regions) in the world.Based on this basic principle,the law generally does not interfere with the contract.The law respects the intention of the parties to the contract.The parties to the contract may negotiate based on their own intentions and conclude contracts in accordance with the agreement.In general,a contract is a civil legal act,which is generally recognized by scholars in China.The conclusion,performance,modification,and dissolution of a contract are civil rights and obligations between the parties to the contract.According to the relative nature of the contract,the contract mainly involves the parties to the contract.The interests of the contract are legally valid as long as the parties to the contract express their intent not to damage the public interest or violate the mandatory norms of the law or administrative regulations.However,with the social changes and development,over-emphasizing the freedom of contract has revealed some drawbacks.A large number of contracts may involve damaging social public interests.In order to safeguard social public interests,maintain normal social order,and enable the society to develop steadily and healthily,the state should intervene in the act of harming public interests.It is an important basic principle of the "Contract Law of the People’s Republic of China"(hereinafter referred to as the "Contract Law")that the social public interest shall not be damaged.At the same time,the contract listed in Article 52 of the Contract Law invalidates public interest in several reasons.This is one of them.However,the study of relevant laws and regulations in China found that the law does not explicitly define social public interests.Due to the unclear definition,the judge’s discretionary power is too large in practice,resulting in different cases of the same case.In the case of damage to public interest contracts,none of the problems of no one claiming contract effectiveness have appeared in practice without directly harming the interests of the third party and finding the invalid subject.The positioning and definition of social public interests have an impact on the application of other items in Article 52 of the remaining contract law.The second itemof malicious collusion in the Article requires damage to the interests of the country,the collective,or the third person.What is the connection and difference between the interests of the state,collectives,and third parties and the public interest in society?The author through a series of studies and the use of foreign countries and Taiwan’s relevant regulations,to China’s damage to the public interest of the contract invalid system proposed to improve the appropriate measures and amendments in order to be able to better use it in legal practice.