Study On The Validity Of The Dipiao Transaction Contract

In the operation of dipiao system,it has effectively alleviated the contradiction between the shortage of construction land and the protection of cultivated land for many years,but there are still problems in dipiao transaction.The dipiao transaction usually needs to be carried out in accordance with the relevant procedures,which is complicated and has a long period.In order to improve the convenience of the transaction,the subject of the transaction will directly trade the dipiao with others by concluding a contract.Once the parties have a dispute over the dipiao transaction contract and appeal to the court,the court often exceeds the scope of the parties and takes the initiative to identify the dipiao transaction contract as invalid contract,which leads to the contract parties may face huge contract cost loss,and their legitimate rights and interests cannot be guaranteed.However,not all courts have found such contracts invalid,and many local courts have identified dipiao transaction contracts as valid contracts.The differences of the court on the validity of the dipiao transaction contract mainly focus on two aspects: valid and invalid.It is a judgment trend to determine the validity of the dipiao trading contract under the background of marketization,and some courts’ the invalidation of the dipiao trading contract is contrary to this trend.The main judgment basis for the determination of the validity of the contract should be the civil code,which divides the contract validity into validity,invalid,validity to be determined and revocation.It is necessary to analyze the judgment reasons of the invalid transaction contract and investigate whether the transaction contract belongs to the situation of invalid contract.The main reasons for the court to determine the invalidation of the dipiao transaction contract focus on violating the mandatory effect norms,damaging the social public interests and violating the dipiao transaction procedures.An important reason for the court to find the invalidation of the dipiao transaction contract is that the contract violates the mandatory legal provisions.The influence of compulsory legal provisions on the validity of the dipiao transaction contract is analyzed from the subject,object and content of the contract.First of all,the subject of the dipiao transaction contract has the right and ability to trade the dipiao with others,and the conclusion of the dipiao transaction contract does not need any administrative examination and approval procedures,according to the general legal logic,the subject of the dipiao transaction enjoys the qualification ability to conclude the dipiao transaction contract.Secondly,by examining the legal nature of the ticket itself,we can judge whether the ticket belongs to the object scope that the parties can trade by themselves.The dipiao has property and tradable.Although the dipiao has certain particularity as the object of the contract,it does not hinder the right holder to dispose of his legal property.Finally,it is necessary to analyze whether the basic composition of the dipiao transaction contract meets the mandatory legal provisions.The content of the dipiao transaction contract is freely agreed upon by the parties,which belongs to the scope of the autonomy of the parties,and it does not violate the legal provisions in terms of the local ticket price and the performance of the contract.To sum up,the dipiao transaction contract does not violate the mandatory norms of effectiveness.Another important reason why the court finds that the dipiao transaction contract is invalid is that the dipiao transaction contract damages the social public interest.Whether the dipiao transaction contract damages the social public interests is analyzed from three aspects: relevant policies,dipiao transaction order and the legitimate interests of other dipiao transaction subjects.First of all,the transaction contract can accelerate the circulation of dipiao in the market and improve the marketization degree of dipiao,which is beneficial to the transaction order rather than lead to the damage of the transaction order.Secondly,in terms of relevant policies,the dipiao trading contracts are not prohibited,but also the national and local policies advocate the market-oriented reform of dipiao trading.Finally,the supply and demand relationship of dipiao in the market is constantly changing,and the dipiao trading contract does not necessarily damage the legitimate interests of other dipiao trading subjects.When local ticket supply is greater than demand,dipiaos are traded through contracts.To sum up,the claim that the dipiao transaction contract damages the social and public interest cannot be established.Finally,the violation of the dipiao trading procedure is also an important reason for the dipiao contract to be found invalid by the court.First,the nature of the procedure of dipiao transaction is analyzed.The provisions of dipiao trading procedures belong to local government regulations and do not belong to laws,administrative regulations or local regulations.The provisions of dipiao trading procedures can be used as the reference of court judgment,but should not be used as the basis of court judgment.Even if this provision can be used as the basis of the court’s judgment,it is not reasonable for the court to find the civil contract invalid accordingly.Secondly,the analysis of the application system on the validity of the transaction contract.The application system of dipiao transaction aims to form a standardized management of dipiao transaction,which may cause unreasonable restrictions on the contracting transaction.The judge determines that the dipiao transaction contract violating the procedure is invalid,which indirectly strengthens the restriction of the dipiao trading procedure and damages the legitimate rights and interests of the parties.Finally,the procedural liability of a dipiao trading contract arising from the violation of the dipiao trading procedure does not have any practical effect.To sum up,the statement that violates the dipiao trading procedure and makes the contract invalid cannot be established.The court believes that the effectiveness of the dipiao transaction contract can encourage the parties to actively carry out the dipiao transaction and improve the market participation of the dipiao transaction subject.This is in line with the inevitable trend of the development of the dipiao market,and also protects the relevant contractual rights and interests of the parties.When the court examines the validity of the dipiao transaction contract,the court should focus on the advantages and rationality of determining the validity of the contract,and make a judgment according to law according to the specific case.