在审判实践中存在一个误区,认为只要违反法律规定,必然导致合同无效。是否如此,笔者持反对意见,所以有必要加以厘正。法律有其功效,通常理解法律规定具有强制力,人们必须遵守,否则要受到法律的追究或承担法律责任。其实不然,因其功效的原因和强制力不同,有的具有强制力,有的是倡导性、建议性的,即使具有强制力,所产生的法律后果也不同。因此不能一概论之,当然也就产生了对法律规范功效的判断与适用。 There is a misunderstanding in the trial practice that any violation of the law will inevitably lead to the conclusion of the contract. If so, I disagree, so it is necessary to be corrected. Laws have their own effectiveness. They usually understand that laws and regulations have the force and people must comply with them, or they must be held accountable by law or assume legal responsibility. In actual fact, because of its effectiveness and force different, some with coercion, and some are advocacy, suggesting that even with coercive force, the resulting legal consequences are also different. Therefore can not be generalized, of course, also produced a judgment on the efficacy of legal norms and applicable.