The Behavior With Illegal Purpose Covered By Legal Forms

The behavior with illegal purpose covered by legal forms is China's unique legal terminology. This article stands on the typical case in the behavior with illegal purpose covered by legal forms, points out some problems.The author based on the concept of the behavior with illegal purpose covered by legal forms, starts from the constituents of the behavior, and explains the connotation and essence of the elements. Through analyzing the deviation of understanding and applying of the behavior, it reveals that we lack legislation of invalid behavior. Besides that, this writing also generalizes the theoretical origin source of the behavior, and introduces some foreign related theories. In order to perfect our existing theories of the behavior with illegal purpose covered by legal forms, the author considers that we should learn mature legislation and judicial practice from foreign countries.The article is divided into three sections:preface, text and epilogue. The preface points out the existing problems in understanding and applying. The epilogue points out that our country should learn from the advantages of foreign theories to perfect our own law applying. The main part of the article is the text, which consists of five sections.The first section is the introduction of case. This part introduces some typical cases of the behavior with illegal purpose covered by legal forms. Through the introduction of the case in practice, the author points out some problems on the behavior with illegal purpose covered by legal forms, then, expands the discussion with these problems.The second section is the connotation of the behavior with illegal purpose covered by legal forms. This part includes the introduction of the behavior with illegal purpose covered by legal forms and the distinctions between this kind of behavior and relative behaviors. The former part of this chapter is composed of the following sections:the conception, the constitutive requirements and the law-making stipulation and the two canonical cases of the behavior with illegal purpose covered by legal forms in trial practice. By comparing this kind of behaviors with behaviors of malicious collaboration and behaviors without real intention s, the latter part clears the differences of them so that to confirm the nature of the behaviors in judicial practice.The third section introduces the legal form of the behavior with illegal purpose covered by legal forms. The legal form is one of the elements of illegal purpose covered by legal forms. This part gives us an introduction and interpretation about the legal form of the behavior, and explores the nature of it.The fourth section introduces the illegal purpose of the behavior with illegal purpose covered by legal forms. The illegal purpose is the other elements of illegal purpose covered by legal forms. First, the author elaborates and interprets the illegal of the illegal purpose by literal interpretation and systematic explanation. Second, the article gives us an introduction and interpretation about the illegal, and explores the content of it. At last, the article points out the hidden behavior of the behavior with illegal purpose covered by legal forms, amplifying the conception and legal force of the hidden behavior.The content of the fifth section is about the reflection of perfecting the behavior with illegal purpose covered by legal forms in China. This chapter includes two parts: the existing laws and evaluations about the behavior with illegal purpose covered by legal forms, and the legislative and judicial suggestions to promote the behavior. The first sector is to introduce the present legislative status and to assess the legislation. And the second sector is, as for the behavior with illegal purpose covered by legal forms, to propose some legislative and judicial suggestions.