Study On Contract Effect Violating The Compulsory Provisions

With the continuous deepening of the construction of the socialist market economy of our country,the civil activities of the masses become more and more frequent,civil subjects travel closely with each other,and the number of contracts signed increases sharply.As a basic civil juristic act,the study on its validity has always been a key field.However,as a corresponding legal system has not completely kept pace with the times.In the application of theory and practice,the operation effect of the regulation has not achieved the expectation of the legislators,and in some cases it has not achieved the effect of guiding people to pursue the legitimate interests freely,even playing the biggest obstacle of pursuing the free interests,and its effect in the judicial practice is not satisfactory either.This situation is not caused by a single reason,including not only the design of the system,but also the level of law.Traced back to its roots,our country has always been lack of autonomy and freedom of contract,the modern spirit of private law has not really touched every corner of social operation and law making.This article is based on this,began to violate the mandatory provisions of the validity of the contract to start combing and research.In the first chapter,the concept of mandatory norms is further explained,its general principles and theoretical basis are explained,the mandatory norms are synthetically analyzed from connotation,denotation and extension,and different types of mandatory norms are studied from various aspects,which has positive significance for further screening the specific effect of mandatory provisions.In the second chapter,through the comparative study of Germany,Japan,France,Taiwan of China and other civil law countries and regions,the author provides China with the extraterritorial legislative and judicial ideas.Although there are different legislative models in different countries,they all have internal standards,which can be used for reference for our legislation.In the third chapter,theauthor investigates the legislative process of mandatory norms in China's civil law,and analyzes the legislative changes in this process,which will affect the judicial practice of autonomy of will,and will easily appear in the judicial process traces of administrative power.The fourth chapter makes a separate analysis of "General Rules of Civil Law",pointing out its changes and deficiencies compared with the above-mentioned legislation,for further analysis of its changes.Chapter 5 further explains the principles and legal consequences of the handling of the validity of the contract in violation of mandatory provisions.The invalidity of the contract does not exclude any consequences after the violation of the mandatory provisions.In the meantime,different types of handling models are proposed.