Research On The Validity Of State-owned Enterprise Financing Trade Contracts

The essence of the invalid contract is that the content of the contract violates the public order and good customs.The judgment of the validity of the financing trade contract should be based on whether it violates the provisions of the public order and good customs.Drawing on the interest measurement method of judging contract effectiveness in American law,this paper measures the interests from the perspectives of advantages of helping private enterprises to finance and disadvantages such as controlling financial risks,and judges whether they violate public order and good customs.The Judicial Interpretation of Private Lending reflects the public order and good customs in this field,which should be used as the criterion for judging the effectiveness of financing trade contracts.This paper mainly discusses the effectiveness of financing trade contract from the perspective of inter-enterprise loan provisions,domestic and foreign contract effectiveness theory.By studying financing trade cases for empirical research,analyze and summarize the characteristics of the case.By sorting out the focus of judges ' attention in 270 cases of the Judgment Document Network and the determination of the nature and effectiveness of the contract,it is concluded that the key to the trial of such cases by the judicial practice court is to determine whether there is a true meaning of the contract between the parties,which is manifested in the focus of judges ' attention on the existence of real goods and the real transfer of goods.The legal relationship of financing trade is qualitatively analyzed based on the theory of false intention expression and the distinction between legal avoidance behaviors.The financing trade with real trade background,namely,the financing trade contract with cushion capital,is identified as legal avoidance behavior,and the financing trade without real trade background,namely,the financing trade contract with capital empty transformation,is identified as false intention expression,which makes further legal qualitative on the present classification theory of financing trade.On the basis of this theory,it puts forward the processing path of contract effectiveness type.In addition,considering the guarantee effect of goods with the idea of substantial guarantee,some financing trade cases are identified as atypical guarantees.