Research On Judicial Application Of Social Public Interest In The Field Of Financial Law

In the latest judicial trends in the field of financial law,since the Supreme Court has repeatedly used to violate the public interest on the grounds that the violation of a financial and commercial administrative rules and regulations of the contract invalid.However,there are many problems in the process,not only the "social public interest" and "public order and good customs" are used and demonstrated in the same way,but also the cases of different judgments and different results of the same kind of judgments are easily produced.With the continuous progress of information technology,the development of the national financial sector is more prosperous,all kinds of transaction types are changing with each passing day,and the transaction structure is also emerging one after another and becoming more complicated.This has not only brought the opportunity for the financial economy progress development,but also caused the significant challenge.There are several notable problems.First,the confusion of the legal concept of dislocation."social public interest" can not be distinguished from "public order and good custom",or even from the principle of "public order and good custom",the original argument is too general in some sense;third,the financial and commercial field itself is greatly influenced by the policy,which makes it more difficult to prejudge similar cases.This article is based on four classic cases in the field of financial law,in which a contract that violates the provisions of a financial and commercial administrative regulation is invalid on the ground of violating the social public interest,distinguish the concept of "social public interest" and "public order and good custom",and distinguish the meaning of the two,the definition of "social public interest" is matched and corresponding with the clauses in "contract law" confirming the invalidity of contract.In addition,it focuses on the study of the conditions of judicial application of social public interest in the field of financial law,and defines the scope of administrative regulations which represent the social public interest and violate the social public interest.In order to determine the invalidity of a contract in violation of the public interest in the judicial application,the establishment of procedural restrictions and substantive restrictions.From the three angles of whether it belongs to the mandatory provisions in the administrative regulations,whether there are corresponding administrative penalties that can be substituted,and whether it will constitute serious social consequences,the paper limits the substantive law application of the social public interests,avoid the abuse of provisions that would result in administrative regulations in the financial field being equated with the public interest of society.Finally,based on the financial trial practice,explore the application of social public interest to determine the specific methods of invalid contracts.Judges are required to strictly grasp the discretion,case by case,analysis of the legislative purposes of the relevant regulations,to ensure prudent good faith.And to solve other problems existing in the application of social public interest in determining the invalidity of contracts in financial trial practice,including the distinction between the principle of public order and good custom and the principle of good faith and whether violating the policy constitutes a violation of social public interests.Avoid confusing the public interest or the principle of public order and good custom with the principle of good faith,thus forming the situation of misjudging the invalidation of the contract according to the principle of good faith.In the end,we should seek the same result for the same kind of judgment and strengthen the stability of the same kind of cases in the similar times.With the continuous progress of information technology,the development of the national financial sector is more prosperous,all kinds of transaction types are changing with each passing day,and the transaction structure is also emerging one after another and becoming more complicated.This has not only brought the opportunity for the financial economy progress development,but also caused the significant challenge.The state has always attached great importance to maintaining the stability of the economic order in the financial field and expects to create a favorable environment for the development of the financial field.However,in the current judicial practice,the expansion of "social public interest" in the financial field,which is driven by the Supreme People's Court,makes all kinds of transaction types and contracts which are relatively mature have to face the challenge of whether they are effective or not,creates a huge amount of uncertainty.Moreover,whether the increased restrictions on freedom of contract can positively affect the development of the financial sector and promote the prosperity of the financial economy remains an unproven issue.In the financial field,the social public interest has been clearly expanded.This tendency was further confirmed in 2019 when the Shanghai Financial Court ruled that a generation of agreements to hold shares in listed companies were invalid.Therefore,the social public interest is expanding rapidly in the financial field,and many contracts which are valid and valid in other fields are facing the risk of invalidation because of the social public interest.The application of law in judicial decision should be consistent,but the judgment of social public interest is never consistent.Leaving the current economic and social situation of the country to talk about social public interests,it is bound to fall into the situation of too abstract and difficult to operate.The solution of financial risk is one of the three most prominent problems at present,which is the current economic and political situation in China.It is also inevitable that financial regulations will change rapidly without the need for up-and-coming legislation,that they will be subject to constant fluctuations and adjustments in the country's financial policies,it is bound to affect the scope and degree of judicial application of social public interest in the field of financial law.In general,the application of social public interest in the field of financial law should shift from the original legal logic to the policy logic.For Chinese courts,it is also a kind of regression.This is the issue of the distribution of voice in finance,insurance,securities,and loans in general,the rules penetrate the legislation and the general practice of the courts.The rest of the sector is weaker,the financial sector is stronger,that's all.To guarantee the consistency of the judicial application of social public interests in the field of financial law,to adapt to the characteristics of financial administrative supervision and management,to limit the arbitrary expansion of social public interests,to find rules and rules for the social public interests,make it to the financial field in a positive direction,rather than to the financial field of the parties to bring anxiety and panic.While ensuring the freedom and adequacy of contracts in the financial field,we should maintain social order,maintain economic order and strengthen financial management.To avoid introducing financial administrative regulations into the field of social public interest in the field of financial law.