On Contract Effectiveness In Violation Of Mandatory Provisions

Judge conflicts with mandatory standard contract effectiveness in the academic field and judicial field is the focus of attention,it should be restricted as a private rights violation of the collective,or social and public interests,and the requirements of the system are also changing with The Times requirements,our country has always been defined in the law level of mandatory norms continually modify and perfect,our country "contract law" in article 52 5,the contract law explanation(2)of article 14,and the new "the general civil law" the 153th is that violates the mandatory norms contract effectiveness matters attitude to lawmakers generalization of authorization.However,is only such provisions or the part of the contract escape mandatory restrictions may exist,its definition in theory and in practice also not is a comprehensive and objective,the application for handling of contract is invalid in China often use absolute or all of the valid and invalid carefully enough.With the continuous change of the types of cases in the society,the public began to pay more attention to all kinds of civil cases.So I want to by this article,in order to determine to violate the mandatory standard contract effectiveness as a starting point,in our country and outside to violate the mandatory system of standard contract effectiveness and enlightenment,on the basis of the compulsory norms in our country "the general civil law","contract law" and the overall architecture of the journal<contract law>judicial interpretation and the analysis of existing problems,and puts forward some accord with new age civil contract in violation of the mandatory requirements of specification system of contract effectiveness system in construction and conjecture,to solve the present our country about the mandatory standards and norms in contract law system problem of the applicable law is not clear,the purpose of It provides other references for the future compilation of civil code and civil code contract.The paper is divided into five parts:The first part is the introduction.This part mainly discusses the research purpose and significance of this paper.It also includes the research status and main research methods of the system at home and abroad.The second part is to solve the basic violation of the mandatory standard contract should be judged.The author explains and sorts out the basic situation of mandatory norms in detail from the concept definition,characteristics and the relationship between mandatory norms and public order and good custom.The third part is the integration and existing problems of the legislation transmutation of mandatory norm in our country.What we must face is that the current system is still faced with a state of legal injustice due to the limitation of rank,and the relationship between the two is difficult to solve.The fourth part is based on the summary of the legislative overview of the similar system in the continental law system,analyzes the attitude of each school of thought in each country to the study of this system,summarizes its experience and lessons,and puts forward effective Suggestions for the establishment of our system.The fifth part provides some reference Suggestions to improve the contract effectiveness system of violation of mandatory norms at the legislative and judicial levels.Mainly from the point of view of legislator and judicator,this paper clarifies the thoughts and collates the clues for the whole system of contract effectiveness in violation of mandatory norms,so as to provide some thoughts for solving the dilemma of the application of this type in contemporary legislative and judicial procedures.