关键词: 社会公共利益; 个人利益; 私人自治; 公法管制; 私法逻辑

Abstract: In the realm of judicial practice， the categorization of mandatory provisions into effective and regulatory is instrumental in preventing unwarranted intrusions within the public law sphere and in striking a balance between regulatory control and individual autonomy. This conceptual framework endeavors to bifurcate mandatory provisions based on their normative essence， thereby delineating their distinct impacts on the efficacy of legal transactions. It is steeped in the philosophy of public law regulation， which presupposes that certain societal public interests are categorically superior to individual interests. However， this approach overlooks the fact that social interests are inherently aligned with， and ultimately serve， individual interests， which in turn can transform into social interests. Consequently， the private law principle of specific assessment of the legality and its effects should be embraced. Moreover， the assessment of legal transactions' validity should not be devoid of consideration for the subjective elements pertaining to private entities. The declaration of legal acts as invalid represents the most severe consequence within private law. Additionally， the intrinsic traits of commercial endeavors， characterized by the pursuit of profit and liberal ideologies， necessitate a more circumspect application of invalidity to commercial transactions. Ultimately， it is crucial to refrain from indiscriminately applying the private law logic of contract effectiveness and enforceability to the public legal system， given the significant disparities in the extent of intervention in private law autonomy.

Key words: social interests; personal interests; private autonomy; public law control; private law logic