Discuss Again The Effectiveness Control Norms Of Legal Acts

Kant said that Rights are the scope of free will.Therefore,the exercise of power and the demarcation of its boundaries are the key topics of the science of right.Civil law is based on rights of autonomy of private law.Party Autonomy,Absolute ownership,and fault liability are three basic principles of modern private laws.Because with the Party Autonomy rational inherent consistency and oppose ignorance of the enlightenment,naturally become the representation of humanism in modern civil codification movement.Meanwhile,the right‘’Will theory’’itself contains the delineation of boundaries of rights to coexist with the will of different subjects.Especially with the development of the society,it is justified and reasonable to restrict or amend the three basic principles including Party Autonomy.If we say that the era of codification in the 19^th century re-examined and promoted the concept of autonomy,then in 20^th century it promoted the synergy of self-government and regulation.In civil law,the relationship between autonomy and government concentrated reflection specific design the clause of the legal act effectiveness.The essence of civil law is autonomy via law to come true,and government is the country interferes with its power.So,how to ensure the government’s interfere legitimacy and necessity is a problems that solved by Unlawful and invalid rules of legal act.The thesis takes the 153rd sections and first paragraphs for research objects,on the one hand thinking about the system of civil and words conception such as‘’law action’’,’’mandatory rules’’,on the other hand,by studying‘’dichotomy’’to solve the difficult problems that exist in judicial application,proposing the way to correctly applicable 153rd section 1.This paper is divided into four chapters:The first chapter is the study of"legal action".It aims to restore the essence of legal action-autonomy of will,to provide a basic theoretical domain for the topic of this article.The legal action is based on the meaning of the parties,it is a tool to realize the autonomy of private law.The law of legal action control effectiveness adjusts the legal action to realize the intervention of autonomy.Therefore,autonomy is the foundation of the regulatory rules of validity of juristic acts,and also the premise of scientific design and application.The second chapter is the study of mandatory provisions.The autonomy of civil law is not unlimited,which is reflected in the laws of all countries in the world,that is,“the legal acts are illegal or contrary to customs is invalid”.By reviewing the development history of the regulatory rules of validity of juristic acts（contains no public order and good custom）in our country.It has been found that China has had a long period of time and the scope of invalidation of legal acts has shown a trend of expansion.With the implementation of the"General Civil Law",especially the"Contract Law,"the scope of invalid legal actions has been greatly reduced.But after the"General Provisions of Civil Law”enacted,brings a problem,the Article 153 of"General Provisions of Civil Law"should continue with Justice ExplanationⅡof Contract Law,simple corresponding to the effective rules and administrative rules?The third chapter is the study of the effective mandatory rules and administrative mandatory rules.Through connotation definition,distinguishing standard,and application of judicial practice,put forward the distinguishing of"effective mandatory rules"and"administrative mandatory rules"for judges does not have any help,but caused unnecessary concept,logic confusion.Therefore,the dichotomy can be ended.This chapter proposes the correct application path of article 153.Particular,the correct understanding and preferential application of the proviso clause,allows the legal action to be effective and can be fixed to limit the scope of invalid legal acts,which is especially important for the healthy development of market economy.