Changes In The Types Of Invalid Civil Juristic Acts In China

The system of invalid civil juristic act is a basic content of civil law theory and a fundamental issue in civil legislation of countries all over the world,especially those of continental law system.The classification of invalid civil juristic acts is the core issue in the system of invalid civil juristic acts.The system of invalid civil juristic acts is essentially a restriction on civil acts of freedom.How to classify the types of invalid civil legal acts is related to the vital interests of every citizen in daily life,and even more to the realization of the basic principles of civil law,such as voluntary principle and equality principle,which is of great practical significance.As early as 1911,the Draft Civil Law of the Qing Dynasty has listed the types of invalid civil legal acts according to the relevant provisions of Germany,Japan and other countries.Since then,the contents of invalid civil legal acts have been stipulated in the National Law of the Republic of China of Nanjing National Government and the General Principles of Civil Law of New China of 1986.With the unprecedented development of market economy and the increasing of social communication,especially economic communication,civil subjects will inevitably often engage in various types of civil legal acts,which is related to the vital interests of each civil subject.Civil juristic act is the freedom granted by law to civil subjects such as natural persons,legal persons and non-legal organizations to engage in certain social activities regulated by civil law.It reflects the free will of social subjects and directly reflects the basic principles of voluntary principle and equality principle of civil law.The General Principles of Civil Law,which came into effect on October 1,2017,have made some adjustments to the types of invalid civil juristic acts in light of the current situation of development and the characteristics of social life in China.Specifically include: 1.Reduce the age limit of persons without civil capacity from 10 to 8.2.Increase the relevant provisions on the invalidity of civil acts by means of false declaration of will.3.Limit the sources of illegal and invalid civil legal acts to laws andadministrative regulations,and add corresponding provisional provisions.Fourthly,the enumerated legislation such as "malicious collusion harms the interests of the state,the collective or the third party" and "concealing illegal purposes in legal form" has been deleted.5.Change the validity of fraud,coercion and dangerous civil juristic acts by invalidity to revocation.These changes undoubtedly have important progressive significance,but there are still some shortcomings.Firstly,we should clarify the application of malicious collusion,give full play to the role of other civil legal systems,and leave similar problems to public order and good customs.Secondly,the relevant provisions on special cases should be added after the provisions of "invalidity of civil legal acts of false declaration of will".Thirdly,the system of invalid civil juristic acts lacking civil capacity should be improved.Finally,the provisions on genuine reservation and banter are added.