On The Impact Of Administrative Regulations On Financial Supervision On The Effectiveness Of Commercial Contracts

In the socialist market economy,the financial industry is an important part of it.Compared with other industries,it has a more distinct government-led regulatory system,a professional and complex industry attribute,and an innovative and dynamic industry dynamic.Therefore,looking at the supervision methods of financial transaction activities in various countries,it is usually to set up a special agency to supervise them,and at the same time to ensure them through an efficient and fair judicial system.Financial supervision and judicial review jointly promote the healthy development of financial transaction activities through their respective functions in their own fields.However,under the financial environment to strengthen supervision or the need for reform,the boundary between the two may become blurred,which is intuitively reflected in the various financial supervision administrative rules playing a more and more obvious role in financial judicial trials,and even The determination of the validity of the contract is affected through certain paths.Concerning the reasons for financial regulatory administrative regulations affecting the effectiveness of commercial contracts.The reasons for the administrative regulations of financial supervision are related to the validity of commercial contracts.There are both realistic and normative causes behind them.The general logic is that due to the inherent contradiction between the inherent attributes of the financial industry and the lag of legislative activities,the supervision of financial activities has to rely heavily on various administrative rules and regulatory documents formulated by financial regulators,which has led to under the legislative model,various administrative regulations have become an important part of the financial legal system.In the current legal regulation system,on the one hand,both the "Contract Law" and the "Civil Code"(draft)have raised the level of requirements for mandatory regulations for invalid contracts,making administrative regulations with lower legal levels impossible.Contract validity issues.On the other hand,the "contract damage to public interests" in the Contract Law and the "violation of public order and good customs" mentioned in the Civil Code(draft)are provisions that apply the bottom line and fill the loopholes,and affect the effectiveness of commercial contracts for administrative regulations.Provides a viable channel.Theoretical background on administrative regulations of financial supervision affecting the effectiveness of commercial contracts.The impact of financial regulatory administrative regulations on the effectiveness of commercial contracts is not simple.It is a temporary legal phenomenon that involves a series of theoretical issues.First of all,the legislative practice of raising the rank requirement of invalid contract mandatory norms presents a legislative trend that restricts the impact of mandatory norms on the effectiveness of contracts.However,too simple and rough methods also generate many problems at the same time.Secondly,the judicial dilemma of the mandatory dichotomy is also an indirect influencing factor that must be considered when considering financial regulatory administrative regulations affecting the rationality of commercial contract effectiveness.Finally,taking into account the legislative origins of stances taken by foreign countries in violation of legal contracts and violations of public policies(public order or good customs),a simple review and understanding of them may help deepen the understanding of this issue.Recognize and explore possible solutions.Expected channels for financial regulatory administrative regulations to affect the effectiveness of commercial contracts.It should be affirmed that before the increase of financial supervision intensity,the two showed a clear and distinct situation as a whole,and even there were some precautionary measures to limit financial supervision from eroding the effectiveness of judicial trials to determine the contract.The possible expected channels include:(1)interpreting the financial regulatory administrative regulations that authorize the legislative model as specific provisions for laws and administrative regulations that authorize legislation;(2)directly citing the "through" Prank hypocrisy means "principle of covering illegal purpose in a legal form" and other principle clauses;(3)circumventing legal rank restrictions,negating the validity of the contract by "damaging social public interests" or "violating public order and good customs".After comparative analysis,the way in which financial regulatory administrative regulations affect the effectiveness of commercial contracts is still relatively appropriate to use "harm to the public interest" or "violate public order and good customs" as the passageway,but there are still unclear obstacles when applicable.On the reinforcement of the path of financial supervision administrative regulations affecting the effectiveness of commercial contracts.First of all,raising the legal level of financial supervision norms and giving judges appropriate discretion is still a practical approach worth trying.Secondly,the mandatory provisions of laws and administrative regulations should not be distinguished by dichotomy.The "effective mandatory provisions" should be replaced by the provisions of the provision,except for the cases where the express provisions are invalid,the "other value factors" are being considered.Under the circumstances,the contract is valid.Finally,it is to discover the real value and significance of "damaging social public interests"(violating public order and good customs)in the determination of contract validity,and also pay attention to the rationality of the citation procedures and reasoning in judicial application.