The Validity Determination Of Contract In Violation Of Mandatory Provisions

Because of the tension between private autonomy and state control,the validity determination of contract in violation of mandatory provisions has been controversial,which has led to issues such as diverse determination results and weak reasoning in judicial practice.Studying this topic through analyzing similar cases is in line with research trends and helps to clarify theoretical disputes,explore and solve legal application issues.The dispute over the validity of the sale contract of vehicles with excessive emissions,which has not yet been specifically studied,not only reflects the general issue of determining the validity of contracts that violate mandatory regulations,but also reflects the special issues arising from the game between economic development and environmental protection,contract law and air pollution prevention and control law,which is worthy and suitable for study.By analyzing the case of disputes over the validity of the sale contract of vehicles with excessive emissions,it can be seen that the fundamental cause of such disputes is the damage to the economic interests of the plaintiff;in the 12 cases investigated in this article,7 cases have determined that the contract is valid,4 cases have determined that the contract is invalid,and 1 case has not yet determined the validity of the contract;judges found contracts valid or invalid on different grounds.The investigation results of judicial cases show that there are many problems in judicial adjudication,such as disparate judgment results,confusion in judgment thinking,and weak reasoning.The above-mentioned judicial issues originate from legislative activities and arise from judicial practice.At the legislative level,the inherent defects of unclear meaning of the concept of dichotomy and unclear identification criteria cause adjudication issues;at the judicial level,the judges’ inaccurate understanding of the meaning of norms and inadequate performance of reasoning responsibilities exacerbate the adjudication issues.These adjudication issues and their causes are essentially common issues and causes in judicial decisions regarding the determination of contract validity that violates mandatory provisions.The Civil Code has made significant changes to the rule of the validity determination of contract in violation of mandatory provisions.Entering the era of the Civil Code,it should be recognized that the fundamental method to determine the validity of contracts violating mandatory provisions is the weighing of interests,the Civil Code has abandoned the dichotomy,and Article 153 authorizes judges to determine the validity of civil legal acts through the weighing of interests;in judicial practice,proportional principle and guiding cases should be used to lead and direct the weighing of interests,in order to properly determine the validity of the contract and form a judgment consensus.The validity determination of the sale contract of vehicles with excessive emissions,should follow the above method of the validity determination of the contract in violation of the mandatory provisions.Within the framework of proportional principle,it can be concluded that the sale contract of vehicles with excessive emissions should be deemed invalid;at the same time,through the issue of guiding cases of general and special significance,people’s courts at all levels should be guided to weigh interests based on the specific circumstances of the case and within the framework of proportional principle,so as to promote the formation of a consensus on adjudication.