Study On The Application Of Civil Mandatory Norm

Theory originates from practice,guides practice,and should be tested in practice,constantly corrected and perfected.The application of Civil Mandatory norms is an important medium for linking theory and practice.The relationship between civil compulsory norms and the validity of contracts involves how to interpret the validity of contracts violating compulsory norms in judicial practice.Therefore,this paper studies this issue.The question raised in this paper derivates from a communique case issued by the Supreme People's Court: Is there a common path to identify mandatory norms in practice?After defining and combing the concept of civil compulsory norms,this paper analyzes the existing problems in the application of compulsory norms embodied in judicial documents with starting of the application of civil compulsory norms in judicial documents,and then puts forward the application of civil compulsory norms by means of interests measurement.Finally,the case discussed in the introduction are applied to deepen understanding of the applicable methods of Civil Mandatory norms.The full text is divided into introduction,text and conclusion.The text is divided into three parts.In the first part,we classify the mandatory norms and classify and study the characteristics of mandatory norms.The second part analyzes the current situation of the application of Civil Mandatory norms,through specific cases to summarize the judges' judgment ideas,to understand that in the application process,judges are struggling in conservative judgment ideas and oversimplified written documents and judgments at the same time,there are contradictions in the rank of mandatory norms.The third part mainly studies how to correctly identify the mandatory norms of civil law.We should first establish the basic concepts of civil compulsory provisions: autonomy of will and public interest,and establish the basic concepts to help find out the interests and values to be protected by the compulsory norms,so as to judge the extent of their impact on the effectiveness of civil acts;secondly,the ultimate purpose of theoretical discussion is to guide the judicial application,and the Division.Some specific methods of identification are still indispensable in the application of the law.The author will discuss the optimization of the applicable path of the mandatory norms based on the interests measurement.Finally,in order to deepen the understanding of the interests measurement method,the author takes the bulletin cases mentioned in the introduction as an example to identify the mandatory norms involved in the case by applying the interests measurement method.