Violation Of Mandatory Provisions Of The Validity Of The Contract To The Discussion Of The Problem

There are great disputes among scholars about the relation between the peremptory norms and the validity of the contract. And there is no unanimous agreement on it. Because the law provision does not stipulate the validity of contract directly, the law practicing acts according to the fifth provision of the 52th article, namely, to consider the validity of the two parties'law act to be invalid. Not only is this in conflict with autonomy of the private law and free contracting, it also result in state power's excessive interfering with people's private life, which handicaps the economic development and the improving of people's life. Therefore, it is necessary to reconsider the relation between the peremptory norms and the validity of the contract, especially the relation between the peremptory norms and invalidity of the contract.The paper analyzes the relation between violations of the peremptory norms and the validity of the contract, which is divided into three parts: the first part analyzes the definition of peremptory norms and its implication, and explains the necessity and appropriateness of the existence of peremptory norms; the second part makes an analysis of the features and classification of peremptory norms and further differentiates between these norms. On one hand, peremptory norms can be divided into the norms of public law and the norms of private law, limiting the quantity of the peremptory norms going into private law and getting rid of norms existing only for purpose of adjusting acts of public law; on the other hand, peremptory norms can be divided into obsolete norms and validity norms, which can better determine whether the validity of the contract exists or not and reduces the application of the invalidity of the contract. The third part gives a detailed analysis the types of the invalidity of the contract, based on which peremptory norms in the fifth provision of the 52th article is the norm on validity of law. This can provide some better directive suggestions for law trials.