内容违法的民事行为的效力研究——以契约为例

Analysis of the effectiveness of contract which breaches legal compulsory standardization——In example of contract

一般来说,内容违法的民事行为无效,但某些情况下其私法效法应当受到保护。内容违法的民事行为的理论按照研究进程可以分为强制性规定与任意性规定、原则与例外、取缔规定与效力规定、取缔规定四个阶段。

The contract which breaches the legal compulsory standardization is generally invalid. But in special situations, the effectiveness should be protected in base of the theory of the civil law. The theories of the development of the effectiveness could be classified in 4 stages：rules which breaches legal compulsory standardization and rules which parties can decide,principle and exception,rules which could cancel and rules of effectiveness,rules which could cancel.