Study On The Rule Of Invalidity Return Of Contract For Illegal Causes In China

The illegal cause of the contract means that the purpose or motive of concluding the contract violates the mandatory provisions of laws and regulations or violates public order and good customs.The illegal cause of the contract will lead to the avoidance of the contract,which in turn will lead to the return of the illegal cause.China does not provide for the illegal cause payment system,and the law to adjust the invalid return of the contract is relatively rough,which leads to the judicial practice based on the illegal cause of the contract for payment of the result of inconsistent.The author tries to introduce the illegal cause payment system to solve the problem of the return of the contract payment based on the illegal cause.This article leads to the question of the return of the illegal cause payment from a case.By examining the current legislative and judicial situation of the illegal cause payment in China,we find out the existing problems,draw on the illegal cause payment system of various countries,and combine the results of theoretical research.This paper expounds the constituent elements of unlawful cause payment and finally puts forward some suggestions to perfect the invalid return rules of our country.This article consists of five parts:The first part is to lead to questions through the case.Chenjing commissioned Chen Ping to handle false public housing application materials and paid a reward.Chenping handed over the materials to Chenjing,and Chenjing did not apply for public housing and asked Chen Ping to return the gratuity.Due to the different understanding of the judges,the first-instance judgment was returned,the second-instance judgment was not returned,and the gratuity was confiscated.This leads to the problem of unlawful cause payment arising from the wrongful cause of the contract.The second part is about the legislation,judicial status and existing problems of illegal cause payment in our country.Through the investigation of legislation and judicial status,the author puts forward that the cases involving illegal cause payment in our country are diverse and the result of judgment is not uniform,while the current law rules on illegal cause payment are relatively rough.The third part is the analysis of the unlawful cause payment system.This paper introduces the basic situation of the illegal cause payment system,compares the return rules of various countries on the illegal cause payment,and discusses the rationality of setting up the illegal cause payment non-return rules.The fourth part is to discuss the constituent elements of the unlawful cause payment.The author believes that "payment" and "unlawful cause" should be limited: payment has the purpose of payment,and the final result of payment is achieved;The purpose or motive of the act violates the mandatory provisions of laws and regulations or violates public order and good customs.The fifth part is to put forward proposals to improve the rules for the return of invalid contracts for unlawful reasons in China,that is,to pay for unlawful reasons,which in principle will not be returned,and will only exist on the receiving party,the receiving party has a more serious illegal act.Exceptionally,return is not permitted in cases where it would harm the interests of third parties.