Determination Of Contract Validity Of Environmentally Compulsory Norms

According to the current "Contract Law",if a contract violates the mandatory norms contained in or constituted by the legal provisions of laws and administrative regulations,it should be negatively evaluated.Then,in the judicial interpretation of contract law,the “mandatory norms” were narrowed down and interpreted as “effectiveness norms”.Therefore,both in academic theory and in judicial practice,there is an urgent need for a more accurate interpretation of the concept of mandatory norms,and the relevant provisions on the effectiveness and management of mandatory norms are discussed.Focus.Of course,judging the effectiveness of contracts based on mandatory norms is a long-standing problem in judicial practice.It is difficult to judge the complexity of the object and the abstraction of the judgment process,and it is more difficult to balance the case and the universality.From this point of view,the establishment of an effective judgment criterion,or the determination of the value preference of the judgment process,is the key to solving the problem of judging the mandatory norm and contract effectiveness.Based on the above understanding,this paper attempts to further define the discussion in the context of environmental protection legislation,and combines specific cases to study the commonality of compulsory norms to further explore the relationship between the compulsory regulation of environmental protection and the validity of the contract.In terms of logic,based on the author's case analysis genre,the nature is relatively simple,and the case facts are discussed,and the relevant theoretical background is elaborated.Finally,the relevant theoretical knowledge and analytical methods are integrated.Combined with the facts of the case to prove the evidence.In the structure of the paper,this article can be generally divided into three parts: The first part is the basic situation of the case.Above all,the case materials discussed in this paper are explained,and the case,the appeal of the parties and the focus of the dispute and the judgment results of the court are respectively made.Clearly introduced;The second part is the legal analysis of related issues,which mainly involves the understanding of the subject theory of the paper,namely,the mandatory norm,the judgment of the validity of the contract,and the specific analysis of the former two in the context of environmental protection legislation;The last part is the case study discussion,which combines theoretical analysis with case materials,returns to the discussion of the opening case,and draws conclusions.