The Typological Carding Of Invalid Contracts Violating Social Public Interests

The confirmation of invalid contracts is a core and difficult problem in both contract law theory and judicial practice.Art.52 of Contract Law of the People’s Republic of China states 5 cases in which a contract is invalid.Among them,Art.52(4)provides that contracts damaging social public interests are invalid.This article,however,lacks concern both in theory research and in law application.Throughout China’s civil law system,we can’t find clear definitions and identification standards of "social public interest".We can’t understand its relationship with national interests,collective interests,social interests,public interests and other common concepts,neither.To understand and grasp the application of Art.52(4),the first thing is to define"social public interests".Then,read a large number of cases,and learn from other countries’ types and try to summarize the types of social public interests that affect the validity of contracts.Thus,not only civil and commercial activities can be guided,but also the efficiency of civil and commercial behaviors can be improved.In addition,it helps reunify the standards for the judicial activities,and maintain the judicial authority.In addition to the introduction and conclusion,the full text is divided into three parts,four chapters.Chapter One starts with the basic theory of social public interests,clarifies its meaning and features,and reviews its expressions in the history of civil law.Then,refer to the theory of interests at home and abroad,and try to distinguish social public interests from national,collective,personal interests.Chapter Two introduces the typification method of social public interests,which is a common method in foreign case study.On the issue of social public interests and contract validity,typification method is to link the spirits of law with actual needs in social life so that the judge can meet the objective value.Chapter Three is the core and innovation of the essay.First of all,the author analyzes the collected cases using statistical primary method and tests if the judge’s thoughts on the validity of contracts are reasonable.In Chapter Four,through deep understanding of the cases,the author divides the social public interests among these cases into five categories.Finally,learn from the typology of scholars and try to card a social public interests types’ system which is suitable for the reality of contemporary China’s national conditions.And then,put forward the optimization path of the contract effectiveness system in the judicial practice which damages the social public interests.