The Judgment Of Absolutely Void Contract

This thesis is divided into three parts and more than about 16, 000 words.Part I, the summary to the system of absolutely void contract. In this part, the author firstly defines the conception of absolutely void contract, and then makes an rough analysis on the legislative spirit of the system of absolutely void contract. In this way, the author has done theoretical basis for the further expansion of this thesis.Part II, the judgment of absolutely void contract. Firstly, the author expounds the value criterion of the judgment of absolutely void contract. Secondly, through making detailed comparison and analysis on judgment criterion in the Civil Law countries and Common Law countries and the deep analysis on the judgment criterion of absolutely void contract in our country, the author puts forward his own opinions.PartШ, the perfection of the absolutely void contract system. The author offers some suggestions from three aspects: Firstly,Sustaining the autonomy of private law,insisting to aid trade and respect principle of autonomy of will,and walking the legislation way of restricting the power;secondly,replacing'Harm is done to social and public interest'with'contra public order and bonus mores';Thirdly,dividing'Mandatory provisions of laws and administrative regulations are violated'into outlaw provision and validity provision. the author argues that we should introduce the system of illegal prestation to the statute of the consequence of absolutely void contract, and thus set up a kind of inherent tied mechanism to reduce the appearance of the illegal prestation within the civil law.