西南交通大学学报（社会科学版）2025，Vol.26Issue(4)：24-42,19.
司法裁判参与金融协同治理的界限
The Boundaries of Judicial Adjudication in Financial Collaborative Governance:A Focus on the Application of Rules of Illegal Contracts
摘要
Abstract
The functional positioning of courts' participation in the collaborative governance of the financial market stems from the fact that judicial power is the force shaping the financial market and the functional characteristics of courts' participation in public affairs.The collaborative governance of financial activities by courts is manifested not only in formulating judicial policies to guide financial activities,but also in courts determining the validity of financial contracts by invoking financial regulatory norms in individual cases through the rule of the invalidity of an illegal contract.The rule of the invalidity of illegal contract serves as an institutional hub connecting public law and private law.The application of this rule by courts will form a competitive and cooperative relationship with financial regulatory authorities in the paradigm of financial collaborative governance.Given that financial regulatory authorities have comparative advantages in terms of institutional effectiveness,professional allocation and regulatory efficiency,courts' participation in financial collaborative governance should follow the principle of"respecting expertise".Therefore,when courts determine the validity of financial contracts,if they encounter difficulties in fact-finding,normative interpretation,and balancing legal interests,they should seek professional support from financial regulatory authorities through a collaborative mechanism,thereby achieving collaborative governance between judicial decisions and financial regulation.关键词
司法裁判/金融治理/规制竞争/尊重专长/合同违法无效Key words
judicial adjudication/financial governance/regulatory competition/respecting expertise/invalid illegal contract引用本文复制引用
杨秋宇..司法裁判参与金融协同治理的界限[J].西南交通大学学报（社会科学版）,2025,26(4):24-42,19.基金项目
2024年国家社科基金青年项目"信托公司金融风险异化的协同治理法律机制研究"(24CFX058) （24CFX058）
