Research On The Conversion System Of Invalid Legal Acts

Invalid legal act is an enduring issue in the study of law. Legal act plays an important role in protecting the interests of the parties in market economy. However, as the opposite position, this invalid legal act of the play of market enjoys negative effects. For the continuous development of modern society, on the basis of the consideration of various factors, such as public interest, public order and morals and other reasons, the need for effective elements of the legal acts to limit legislative nature. Legal acts can be divided into a valid legal act which according to its effectiveness as pending the effectiveness of legal acts, legal acts invalid, and may revoke the law can change behavior. Invalid legal acts aim at obstructing generated between the parties intended to pursue legal effect, if such invalid expanding the scope of legal acts, will have a negative effect impede vigorous market economy development. The current Central Committee called for decentralization, the rights returned to the market, market-driven. As the mother of the Civil Law, its value is the autonomy. However, invalid legal act of party autonomy is bound to impact and damage, negates reach consensus between the parties on the amount of growth if this behavior, violations of legal acts will implement and support functions of the autonomy of private law. Therefore, in order to improve the drawbacks of invalid legal acts, legal act is invalid conversion is made.Invalid current legal validity conversion system in China has not yet established a clear and specific mechanisms related scholars and little. But the law should also continue with the social development of the times, adapt to society. Which establish a corresponding mechanism for its necessity and legitimacy in our country. This article will use comparative law, and other legislation on the method of justification to demonstrate, in conjunction with legislative research at home and abroad, domestic and foreign relevant judicial practice and precedents to elaborate our current judicial interpretation. And proposed the scientific idea about our country and build a legal act invalid conversion system in the text, and outline the statute mode of the system, in order to be able to arouse people’s attention to this system and thinking.This article is about eighteen thousand words, in addition to a summary and conclusions, is divided into three parts:The first part, ineffective defined legislative value and theoretical basis of legal acts conversions. First, with the legal concept of civil conduct and behavior compared it proved ineffective legal concept. Secondly, the system is able to encourage and protect the autonomy of private advantage, elaborated on the legal act is invalid conversion value in the current legislation in China. Invalid legal act can divided into completely ineffective legal acts and partially invalid legal act, its ease in different ways. Finally, it explains the theoretical basis for the establishment of a legal act is invalid conversion. Civil advocating autonomy of private law, emphasizing desirable, to protect the effectiveness of the conversion between the parties can also protect the safety of transactions, the innocent party to protect the interests of the parties; these are the theoretical basis for the establishment of a legal act is invalid conversion system in which to build a solid foundation.The second part of the conversion invalid legal act of judicial practice and predicament system. This paper discusses the exploration and tries to build up our current judicial practice invalid legal acts conversion. Although there is no specific research for this, but whether it is level or the jurisprudence of judicial interpretation level, there has been some preliminary exploration in China. However, for the establishment of an invalid legal act validity conversion system in China is still facing many difficulties and problems.The third part introduces how to build the system. This paper attempts to teachers of civil law, civil law countries, namely Germany and Japan in this and other provisions of the Civil Code as a blueprint, by drawing on the legislative studies abroad, demonstrated its feasibility, neither lead to the expansion of judicial power, it will not cause the judge trespassing off in our build up our country for the development of legal acts invalid conversion system.