Digital currency summary
Background: the financial application of blockchain technology brings high investment value
2018 China international big data instry Expo opened in Guiyang City, Guizhou Province on the 26th. At the meeting, it was pointed out that China will vigorously develop the digital economy in the future, deeply implement the action plan for the development of big data and cloud computing, and deeply study blockchain technology and application. Especially in the field of finance, the landing application has become the focus of the scientific and financial circles
1. The value source of blockchain is that it can perfectly solve the pain points of the current financial instry:
in today's asset securitization, insurance, supply chain finance, commodity trading, asset custody and other financial scenarios, e to many participants, high cost of credit evaluation, low settlement efficiency of intermediary institutions and other reasons, Traditional financial service methods are difficult to effectively solve the long-standing core pain points in the instry, such as information asymmetry, complex and rendant processes, and high information verification cost
2. Why can blockchain solve the above pain points:
blockchain technology integrates many basic technologies, such as distributed accounting, tamper proof, built-in contract, etc., and constructs a trust building mechanism with lower cost. The financial application based on blockchain technology can realize the ability of all market participants to obtain all transaction information and asset ownership records in the market without discrimination, and effectively solve the problem of information asymmetry; Smart contract embedding reces the error rate of payment and settlement, simplifies the process and improves efficiency; At the same time, based on transparent information and brand-new trust mechanism, there is no need to spend manpower, material resources and financial resources to confirm information among participants, which will greatly rece the trust cost between institutions, and then rece the price of financial services and transaction costs
3. The application of blockchain technology in the financial field mainly includes the following aspects:
among which bitcoin is the most famous. On the basis of bitcoin, a large number of other types of decentralized digital currencies have been derived. Such as: the heyday of bits
Compared with the traditional payment system, blockchain payment can directly carry out end-to-end payment for both parties without the help of the banking system, which can greatly improve the speed and rece the cost③ digital bills
④ bank credit management: the advantage of blockchain is that it can rely on program algorithm to automatically record credit related information and store it on every computer in the blockchain network, with transparent information, tamper proof and low cost
The major financial institutions and exchanges in Europe and the United States have explored the application research of building the next generation of financial asset trading platform based on blockchain technology4. The development prospect of blockchain. The future development of blockchain technology will have the most vitality with alliance chain as the entry point, and will have a significant effect and far-reaching impact on the transformation of traditional financial instry pain points
in response to the good investment prospects of blockchain, domestic enterprises such as Alibaba, Jingdong and Netcom have entered the market. The application of financial scenarios based on blockchain technology not only brings us security and convenience, but also provides us with broader investment space. The rise and price surge of digital currency represented by bitcoin (bitcoin was about RMB 20 cents when it was first listed in 2009, and its current price is about US $7300!) It's the best proof that people with a keen sense of smell have made a lot of money from it
Abstract: This is an encrypted digital currency based on the bitcoin developed by Nakamoto Tsung, which improves and adds many new functions, such as the double-layer reward system network, also known as the main node network. It also includes anonymous payment to improve the interchangeability (bitage) and real-time payment function docking to realize real-time transaction confirmation without relying on the authority of the center (P2P mall) In 2009, Nakamoto put forward the concept of bitcoin. Since then, bitcoin has spread rapidly in mainstream applications and commercial uses, becoming the first digital currency to attract a large number of users, which is a milestone in the history of digital currency. However, from the perspective of completing the transaction, we can find an important problem, that is, it takes too long for bitcoin block to confirm the transaction. Traditional payment companies have found a solution to enable the buyer and the seller to realize zero confirmation of bitcoin transaction, but this solution usually requires a trusted third party to complete the transaction outside the agreementbitcoin provides pseudonym transaction, realizes the one-to-one transaction relationship between sender and receiver, and can always record the transactions occurred in the whole network. Bitcoin only provides low-level privacy protection, which is well known in academia. Despite this deficiency, many people still believe in the transfer history recorded by blockchain
based on Nakamoto's achievements, bitshengshi is an encrypted digital currency with the purpose of protecting privacy. We have made a series of improvements on the basis of the concept of bitcoin, resulting in a decentralized cryptocurrency with good anonymity. It supports tamper proof real-time transactions, and has a point-to-point sub network that can provide service reward system for bitsheng network
2. Master node network
the whole node is the server running on the P2P network, so that small nodes can use them to accept the dynamic changes from the whole network. These all nodes need significant traffic and other resources that consume a lot of cost. Therefore, it will be observed that the number of these nodes on the bitcoin network presents a steady downward trend over a period of time, so that the block broadcast time needs an additional 40 seconds. In order to solve this problem, many solutions have been put forward, such as the introction of Microsoft Research's new incentive plan and bitnodes incentive plan
Figure 6: Mining reward model
there is no limit on the rise and fall of digital currency, and there is no such situation as only rising but not falling. If there is, it must be a fraud. The gold card, which had been bullish before, was also falling in the past two days, and bitcoin was falling all the way at the end of 2013. The price of Ruitai currency rose and fell, rising overall.
key recommendations
State Affairs Office: support the transfer of export procts to domestic sales, encourage e-commerce to set up special zones for foreign trade procts
China relaunches the launch mission of the last global networking satellite of beidou-3
& # 160<
market comments
market comments: the market will maintain a strong shock, focusing on the rhythm of operation, focusing on technology and finance
digital currency: digital currency is an important channel for RMB internationalization, and the pace of promotion is expected to exceed expectations
macro perspective: chip semiconctor stocks rose sharply, and the second phase of the national memory base project started
&
futures intelligence
metal energy: gold 397.40, up 1.33%; Copper rose 0.55% to 47410; Rebar 3585, down 0.19%; Rubber 10615, down 0.28%; PVC index was 6155, down 0.57%; Zheng Chun 1759, up 0.34%; Hulan 13590, up 0.89%; Shanghai nickel 102060, down 1.39%; Iron ore was 739.0, down 2.25%; 0%, down 0.43%; Coking coal was 1174.0, down 0.93%; Brent oil was 43.33%, up 2.51%
Agricultural Procts: soybean oil 5804, up 0.62%; Corn 2103, down 0.94%; Palm oil rose 1.18% to 5130; Zheng Mian 11840, down 1.33%; Zheng Mai 2523, down 0.12%; Sugar 5051, up 0.24%; Apple 7878, down 2.57%; Jujube 10025, down 1.38%
exchange rate: EUR / USD 1.13, up 0.76%; USD / RMB 7.07, down 0.04%; USD / HK $7.75, up 0.01%< br /> < Second, key recommendations
1. State office: support the transfer of export procts to domestic sales, encourage e-commerce to set up special zones for foreign trade procts
Event: on June 222, the general office of the State Council issued Implementation Opinions to support the transfer of export procts to domestic sales. Foreign trade enterprises are encouraged to connect with e-commerce platforms and set up special zones for foreign trade procts relying on various online shopping festivals. On the premise of meeting the requirements of domestic epidemic prevention and control, we will guide the main pedestrian streets to organize and carry out special activities on the transfer of export procts to domestic sales
comments: under the impact of the epidemic, foreign trade exports this year are facing a more severe situation. As the export instry chain has a great impact on stabilizing employment, it is of great significance to stabilize the operation of export enterprises. China has a huge domestic consumption market, and with the support of policies, the impact of the external economic downturn on foreign trade export enterprises will be reced. In the context of controllable downward fundamentals and abundant liquidity, the market is expected to continue to perform structural market
(investment consultant Zhong Yanling Registered Investment Consultant Certificate No.: s0260613020024)
& # - 160
2. China restarted the last global networking satellite launch mission of beidou-3
Event: according to China's satellite navigation system management office, the technical problems related to the last global networking satellite launch mission of beidou-3, which was delayed on June 16, have been eliminated, and the mission was restarted and will be launched on June 23
comments: with the completion of Beidou global networking, Beidou applications will enter a stage of rapid development, and the future growth space of Beidou instrial chain is broad, which will be an important development opportunity for relevant listed companies
(investment consultant Zhong Yanling Registered Investment Consultant Certificate No.: s0260613020024)
& # - 160< Third, market comments
market comments: the market will maintain a strong shock, focusing on the rhythm of operation, focusing on science and technology and finance
on Monday, the three A-share indexes closed mixed with ups and downs, among which the gem index continued to rise 1.01%, and the daily K-line rose for seven consecutive years, reaching a new high of four and a half years. The market turnover was enlarged, with a total turnover of 828.6 billion yuan in the two cities. The instry sector showed a pattern of differentiation, among which the securities companies and semiconctor sector led the rise strongly. On that day, the net inflow of northward funds was 3.79 billion yuan. At present, the market's pessimistic expectations for the epidemic have basically dissipated, and the resumption of work and proction has been orderly promoted. In addition, the external situation tends to be stable, it is expected that the market is expected to maintain a strong consolidation in the future. In terms of operation, it is suggested to grasp the rhythm of participation, pay attention to semiconctor, securities companies, big finance, big consumption, new energy, etc. The stock market is risky and investment should be cautious
(investment consultant & Company); Gu Zhixiong and Chen 160; Registered Investment Consultant Certificate No.: s0260611020066)
& # - 160
macro perspective: chip semiconctor stocks soared, and the second phase of the national memory base project started
Event: on June 20, the second phase (Civil Engineering) of the national memory base project implemented by Changjiang storage started in Wuhan Donghu high tech Zone. The project plans to build a 3D NAND flash chip factory in two phases. The planned proction capacity of the first phase is 100000 pieces per month, and the second phase will reach 200000 pieces, with an overall investment of US $24 billion. The first phase of the project started construction at the end of 2016. The 32 layer and 64 layer memory chips have achieved stable mass proction, and the world's first 128 layer QLC 3D flash memory chip has been successfully developed
comments: memory is the basic core chip of information system, which can best represent the scale economic benefits and advanced manufacturing technology of integrated circuit instry. It is also the largest import amount of integrated circuit procts in China. In recent years, the prices of memory, solid-state hard disk and graphics card have been rising repeatedly. The reason is that the memory chips are controlled by a few foreign manufacturers. Localization will rece the cost of domestic semiconctor procts and increase the orders of upstream equipment companies. Relevant leading companies are expected to continue to benefit, and it is suggested to actively focus on relevant opportunities
(investment consultant Gu Zhixiong Registered Investment Consultant Certificate No.: s0260611020066)
& # - 160
digital currency: digital currency is an important channel for RMB internationalization, and the pace of promotion is expected to rise faster than expected
Zhu Min, President of the National Institute of finance of Tsinghua University, believes that digital currency is the commanding point of future currency market competition, and the development of digital currency is an important field and channel for RMB internationalization in the future. Senior officials of the Singapore government and banks also expressed their expectation to cooperate with China in the field of digital currency, saying that Singapore could be considered as the hub of China's digital currency. Recently, the central banks of South Korea and Thailand are also actively promoting the development of digital currency. The analysis shows that the recent positive attitude of global central banks, especially Asian central banks, towards digital currency will help to promote the application of digital currency in cross-border trade and payment settlement in the future, and enhance the important role of digital currency in the process of RMB internationalization. At the same time, the domestic digital currency test is in full swing, and the subsequent landing rhythm is expected to exceed expectations
(investment consultant Gu Zhixiong Registered Investment Consultant Certificate No.: s0260611020066)
& # - 160< br /> < br />
Abstract: e to the development of network technology, affecting all aspects of people's lives, people's network activities are more and more frequent, followed by higher and higher security requirements, and higher and higher confidentiality requirements for their own network activities, Ensure that people in the network activities of their own information and some related information confidentiality requirements, to ensure the security and confidentiality of the network. Through the introction of information encryption technology, this paper puts forward an idea of improving RSA algorithm, lists some examples of applying information encryption technology, and emphasizes the importance of information encryption technology in maintaining network security< Key words: information encryption technology, network security, RSA, encryption algorithm
1. Introction
information encryption technology is the core technology of information security. Especially in today's e-commerce, e-cash, digital currency, network banking and other network business rapid rise. How to protect the information security from being stolen, tampered or destroyed has been paid more and more attention. The key to solve this problem is information encryption technology. The so-called encryption is the process of converting the readable information called "plaintext" into "ciphertext"; Decryption is the process of restoring "ciphertext" to "plaintext". Encryption and decryption should use cryptographic algorithm to achieve. Cryptographic algorithm is a computable process used to hide and reveal information. Generally, the more complex the algorithm is, the more secure the ciphertext is. In the encryption technology, the key is essential, the key is to make the cipher algorithm run in a specific way and proce a specific ciphertext value[ 1] The use of encryption algorithm can protect information security from theft, tampering or destruction
2. Information encryption technology
2.1 encryption mode
encryption algorithm can be regarded as a complex function transformation, x = (y, K) x represents ciphertext, that is, the character sequence obtained after encryption, y represents plaintext, that is, the character sequence to be encrypted, and K represents the key. After encryption is completed, the ciphertext can be sent to the receiver through an unsafe channel, Only the receiver with the decryption key can decrypt the ciphertext, that is, the plaintext can be obtained by inverse transformation[ 2]
2.2 encryption algorithm
symmetric algorithm is sometimes called the traditional cryptographic algorithm, that is, the encryption key can be calculated from the decryption key, and vice versa. In most symmetric algorithms, the encryption / decryption key is the same. These algorithms are also called secret key or single key algorithms, which require the sender and receiver to agree on a key before secure communication. The security of symmetric algorithm depends on the key, and revealing the key means that anyone can encrypt / decrypt the message. As long as the communication needs to be kept secret, the key must be kept secret. Therefore, symmetric algorithm means that the encryption and decryption processes use the same key, such as DES, 3DES, AES and other algorithms belong to symmetric algorithm
asymmetric algorithm is also called public key algorithm. The key used for encryption is different from the key used for decryption, and the decryption key cannot be calculated according to the encryption key (at least for a reasonably long time). The reason why it is called public key algorithm is that the encryption key can be made public, that is, the stranger can encrypt the information with the encryption key, but only with the corresponding decryption key can the information be decrypted. But it is difficult to derive the private key from the public key. RSA [1], DSA and other algorithms are asymmetric algorithms, among which RSA is the most widely used, which can not only be used for encryption but also digital signature[ 3]
2.3 an improvement on the asymmetric encryption algorithm RSA
generally, the security of the asymmetric encryption algorithm RSA mainly depends on the large number, but whether it is equal to the decomposition of large number has not been proved in theory, because it is necessary to decompose large number to crack RSA without proof. Therefore, the most obvious attack method is to decompose molus 10, so people choose molus greater than 10100 for security, which undoubtedly reces the event complexity of the algorithm for calculating public key and key< Therefore, based on RSA algorithm, a variant of RSA algorithm is proposed. The specific ideas are as follows:
generation of public encryption transformation ex and secret decryption transformation DX of user X: (1) randomly select n prime numbers P1, P2... PN 2) Calculate NX = P1 * P2... * PN, Ф( nx)=(p1-1)*(p2-1)*……*(rj-1)( 3) Randomly select the integer ex to satisfy (ex, Ф( nx)) =1;( 4) The Euclidean algorithm is used to calculate DX, which satisfies ex * DX ≡ 1 mod Ф( nx);( 5) Disclose NX, ex as ex, and record as ex = & lt; nx,ex>, Confidential P1, P2,..., PN, Ф( Nx) as DX, DX = & lt; p1,p2,……,pn ,dx, Ф( nxj) > Encryption algorithm: C = ex (m) = mex (MOD NX), decryption algorithm: M = DX (c) = CDX (MOD NX). In RSA algorithm, there are two keys: encryption key PK and decryption key SK, and the encryption key is public
the speed of computing 8*8 in binary case is obviously greater than that of 2*2*2*2*2*2 by proving the program. This proves the advanced nature of the RSA algorithm. Because the variant of RSA algorithm is based on the original algorithm, the algorithm can be proved by mathematical inction. Basically, it does not violate the security of RSA algorithm, so it ensures the security of RSA algorithm variants
3. Information encryption technology ensures network security
3.1 The Application of information encryption technology in e-commerce
e-commerce is changing people's life and the development process of the whole society, and network trade will cause people's comprehensive innovation in management mode, work and life style, and even business management thinking mode. At the same time, a stable network security environment is crucial to the healthy and sustainable development of e-commerce. The security of e-commerce is mainly the security of network platform and transaction information. The security of transaction information refers to the protection of both sides of the transaction from being damaged and divulged, and the confirmation of the identity of both sides of the transaction[ 4] Therefore, the application of data encryption, digital signature, digital certificate, SSL, set security protocol in e-commerce to ensure the security of e-commerce transaction information, the combination of e-commerce and information encryption technology will promote the stable development of e-commerce
3.2 encrypt anti-virus and anti-virus software. Once the encryption program itself is infected with computer virus, it will not check whether the program or data is encrypted or has digital signature. Every time you start to execute the encryption program, you should check whether it is infected by the virus, and you should also check the files that need to be encrypted and decrypted. This checking mechanism should be confidential. Therefore, encryption technology is also used in some anti-virus or antivirus software[ 5]
3.3 encryption of network database
the public channel and computer storage system in transmission are very fragile. As long as you use a PC to access the Internet, you can steal many other people's useful information, even all kinds of passwords, so it is necessary to take measures to protect the data. Users need to protect the key data effectively. Because the traditional way of database protection is realized by setting password and access rights. The key to solve this problem is to encrypt the data itself, so that even if the data is unfortunately leaked or lost, it is difficult to be deciphered by a third party. The running platform of large database management system is usually windows nt or UNIX, and the security level of these operating systems is usually C1 and C2. They have the security functions of user registration, user identification, arbitrary access control and auditing. Although DBMS adds many security measures on the basis of OS, OS and DBMS still lack effective protection measures for database files. It can be seen that data encryption is necessary for the external or internal security management of the system[ 6]
3.4 combination of information encryption technology and VPN, The application of VPN technology can solve this problem. In fact, many companies have already done so, but they usually use leased private lines to connect these LANs. Their concern is the security and confidentiality of file transmission. Now routers with information encryption function can be seen everywhere, This makes it possible for people to connect these local area networks through the Internet. When the data leaves the local area network of the sender, the data is first encrypted by the router connected to the VPN by the client. The data is transmitted in the form of ciphertext on the Internet. When it reaches the router of the destination local area network, the router will decrypt the data, In this way, users in the local area network of the target can see the plaintext< This paper introces the related concepts of information encryption technology, gives a simple statement of various encryption algorithms, and puts forward their own improvement suggestions for RSA algorithm. However, e to the limited personal ability, it is insufficient to give a thorough demonstration of the improved RSA algorithm. It also lists several examples of using information encryption technology to maintain network harmony, discusses the importance of information encryption technology to maintain network security, and proves that information encryption technology is an indispensable part of network security< br />
Article 52 of China's contract law stipulates: "in any of the following circumstances, the contract is invalid: (1) one party enters into the contract by means of fraud or coercion, which damages the interests of the state 2) Malicious collusion or damage to the interests of the state, the collective or the third party 3) Cover up illegal purpose in legal form 4) Damage to public interests 5) It violates the compulsory provisions of laws and administrative regulations. " Specifically:
(1) concluding a contract by means of fraud or coercion damages the interests of the state.
according to Article 68 of opinions on Several Issues concerning the general principles of the civil law, the so-called fraud means that one party intentionally informs the other party of false information, or deliberately conceals the true situation, so as to ince the other party to make a wrong expression of will. The contract concluded by fraud is based on the expression of intention by the deceitful person e to the wrong understanding of the fraud
a civil act caused by fraud is a civil act in which the perpetrator is trapped in some misunderstanding e to the intentional fraud of the other party. To constitute a fraud, the following conditions should be met: first, there must be fraud by the fraudster. Fraud is a kind of behavior that can make the cheated fall into a certain error, deepen the error or keep the error. There are three main manifestations: fabricating false facts, concealing true facts and changing true facts. Second, there must be the fraud intention of the fraudster. Fraud intention is the intention to make others fall into error e to the fraudster's fraud behavior and express his intention based on the error. Third, there must be mistakes made by the fraudster because of the fraudster's fraud. The "mistake" here refers to the lack of understanding of the contents of the contract and other important circumstances. According to the traditional civil law, it is the fact that the fraudster must fall into the error to constitute the fraud. The fraudster does not fall into the error. Although the fraudster has the intention and behavior of fraud, there is no legal consequence of fraud in the civil law. Fourth, there must be a declaration of intention made by the cheated person because of his mistake. There is a causal relationship between the error and the expression of will. Wrong understanding must be the direct cause of the expression of will in order to constitute fraud. Fifthly, fraud violates the principle of good faith in civil activities. The principle of good faith requires people to pay attention to credit in civil activities, abide by their promises, be honest, and pursue their own interests without harming the interests of others and society
according to Article 69 of opinions on several issues of general principles of civil law, the so-called coercion is to force the opposite party to act against the true expression of will by causing damage to the life, health, honor, reputation and property of citizens and their relatives or to the honor, reputation and property of legal persons. Coercion is also one of the reasons that affect the validity of the contract
the constitution of coercion should have the following conditions: first, it must be the coercion of the coercing person. The so-called coercion behavior is the behavior that the intimidator shows harm to the coerced person. Coercion is clearly stipulated in Article 69 of opinions on several issues of general principles of civil law. Second, there must be coercion intention. The so-called coercion intention refers to the meaning that the intimidator has caused the ideographer (the coerced person) to have terror and express a certain meaning because of terror. It includes two meanings: one is to make the coerced person into terror, the other is to make the coerced person express a certain meaning because of terror. Third, coercion is illegal. There are three kinds of so-called Illegality: the purpose is illegality, and the means are also illegality; The purpose is legal and the means is illegal; The means are legal and the purpose is illegal. Fourth, there must be a person under ress who is afraid because of ress. That is to say, the person under ress has the psychology of terror and fear when he realizes that he or his relatives and friends will suffer great harm. If the coerced person does not have terror because of coercion, although terror occurs, its terror does not occur because of coercion, it does not constitute coercion. Fifth, there must be the coerced person's expression of will because of terror, that is, there is a causal relationship between terror and expression of will. This causal relationship only needs the coerced person's expression of will based on terror subjectively. Only when the above five elements are met at the same time can coercion be constituted
according to Article 52 of the contract law, a contract concluded by one party through fraud, coercion and other means is invalid only when it is detrimental to the interests of the state< (2) malicious collusion damages the interests of the state, the collective or the third party
malicious collusion, which damages the interests of the state, the collective or the third party, is not uncommon in judicial practice, such as the debtor entering into a false sales contract, a false mortgage contract or a false gift contract with the opposite party in order to avoid compulsory execution; It is also a typical act of malicious collusion for an agent to enter into a contract in collusion with a third party and damage the interests of the principal. This kind of contract damages the interests of the state, the collective or the third party, so it is also illegal and harmful to the society. Therefore, the contract law includes the civil act of "malicious collusion to damage the interests of the state, the collective or the third party" stipulated in Article 58 (1) (4) of the general principles of the civil law into the invalid contract, so as to safeguard the interests of the state, the collective or the third party The interests of the collective or the third party shall be protected and normal contract transactions shall be maintained
for a contract concluded by malicious collusion, the following are the constitutive requirements: first, the parties are malicious subjectively. That is to say, knowing or knowing that his behavior will cause damage to the interests of the state, the collective or the third party, he does it intentionally. Second, there is collusion between the parties. Collusion refers to collusion, so that the parties can reach an agreement on the motivation, purpose, behavior and the result of the behavior, so that the common purpose can be achieved. After reaching an agreement on the expression of intention to achieve the illegal purpose, the parties agree to cooperate with each other or jointly implement the contract. Third, the act of collusion between the two parties damages the interests of the state, the collective or the third party. The result of malicious collusion should be that the interests of the state, the collective or the third party are damaged. The law does not prohibit the parties to obtain benefits in the conclusion and performance of the contract. However, if the two parties seek their own interests while damaging the interests of the state, the collective or the third party, the law will intervene
the contract concluded by malicious collusion is absolutely invalid, which can not be dealt with according to the general principle of absolutely invalid contract stipulated in Article 58 of the contract law. Instead, according to Article 59 of the contract law, the property obtained by both parties as a result of the contract should be returned to the state or returned to the collective or indivial
(3) cover up the illegal purpose in the legal form
cover up the illegal purpose in the legal form, also known as the concealment behavior, refers to the behavior that the parties cover up their real illegal purpose by carrying out the legal behavior, or the behavior is legal in form but illegal in content
when a Party concts an act to cover up an illegal purpose in a legal form, it is not against the law in terms of the external manifestation of the act. But this form is not the purpose of the parties, not the real intention of the parties, but through such a legal form, to cover up and achieve its real illegal purpose. Therefore, we should distinguish the external form and the real intention of this kind of concealed behavior, and accurately determine the effectiveness of the contractual behavior carried out by the parties
a contract concluded by concealing an illegal purpose in a legal form should meet the following requirements: first, the real purpose or means to be achieved by the parties must be prohibited by laws or administrative regulations; Second, the parties to the contract have the intention to evade the law; Third, in order to evade the mandatory provisions of laws and administrative regulations, the parties used the legal form to cover up the illegal purpose< (4) damage to social and public interests
when there is no clear provision in laws and administrative regulations, but the contract obviously damages the social and public interests, the clause of "damage to social and public interests" can be applied to confirm the invalidity of the contract< (5) a contract that violates the mandatory provisions of laws and administrative regulations is a contract in which the parties violate the mandatory provisions of laws and administrative regulations both in the purpose and content of the contract Article 4 of the interpretation of the contract law clearly stipulates: "after the implementation of the contract law, the people's court's confirmation of the invalidity of the contract shall be based on the laws formulated by the National People's Congress and its Standing Committee and the administrative regulations formulated by the State Council, and shall not be based on local laws and administrative rules."
it should be noted that for a contract that violates the mandatory provisions of laws and administrative regulations, it is not a question whether the parties are intentionally or negligently involved. As long as the contract violates the mandatory provisions of laws and administrative regulations, it is confirmed that the contract is invalid. According to the spirit of Article 52 of the contract law, the principle of confirming invalid contract can be summarized as follows: if the law and administrative regulations explicitly stipulate that the contract is invalid, the contract is invalid; Otherwise, the contract is valid< The legal consequences of contract invalidation:
(1) retrospective effect of contract invalidation
Article 56 of China's contract law stipulates: "an invalid contract or a cancelled contract has no legal binding force from the beginning. If part of the contract is invalid and does not affect the effect of other parts, other parts are still valid." It can be seen that after a contract is confirmed to be invalid or revoked, the result is that the contract is invalid from the beginning. This is the retroactive effect of void contract. This is true for both absolutely invalid and relatively invalid contracts
in judicial practice, when some parts of a contract are invalid and the contents of other parts that can exist independently still meet the requirements of validity, the valid part will continue to be valid after the invalid part is confirmed to be invalid, but the premise is that the valid part can exist independently and has no relationship with the invalid part. If the invalid part of a contract is confirmed to be invalid, the validity of the valid part will be affected, The contract shall still be null and void.) For example, in the sales contract, when both parties agree on the deposit guarantee terms, if the proportion of the agreed deposit exceeds 20% of the total amount of the contract, the excess part is invalid, not all the deposit terms are invalid. This is the invalidity of part of the contract. Another example is the contract signed by the actor for reselling gold and silver, guns and ammunition. The content of the contract has fundamentally violated the provisions of the law, so the whole contract should be confirmed as invalid< Article 57 of the contract law stipulates that "if a contract is invalid, revoked or terminated, it shall not affect the validity of the exclusive provisions on dispute settlement in the contract." The clause indicates that the clause on dispute resolution in the contract is relatively independent and will not lose its validity e to the invalidity, cancellation or termination of the contract
"dispute settlement provisions" mainly include the following forms: first, arbitration provisions. Arbitration clause is a form of arbitration agreement, and it is also a contract between the parties