Discussion On Conspire Hypocritical Act And Legal Consequence

Conspire hypocritical act also called simulation, this concept is from tradition civil law theory of civil law system which means litigant decelerate conspire hypocritical intention. There is no systematic regulation in our civil law code, but with the regulations of"malicious conspiracy"and"legal form concealing illegal intention". This article focus on analyzed conspires hypocritical in civil law case dispute in our country, and I try to classify them, in hopes that finding suitable solution. I discuss on theory and related regulations of conspire hypocritical in civil law developed countries. And aim at analyzed issues which happens in judicial practice, at last, I elaborate on the shortage of our country's civil law to return to the origin state of"conspire hypocritical".In the first part, I try to retrieve keywords of"malicious conspiracy","legal form concealing illegal intention"and collect 48 typical case which concerning concealing illegal intention, then I classify them and divide them into five types: conspire hypocritical act which damage the state, the collective, or a third person interests: conspire hypocritical act which not damage the state, the collective, or a third person interests; conspire hypocritical act which concealing illegal intention or illegal act; conspire hypocritical act which concealing legal intention or legal act; conspire hypocritical act which concealing illegal intention, also damage the state, the collective, or a third person interests.In the second part, I discuss on theory and related regulations of conspire hypocritical act of civil law developed countries, and investigate from theory, legislation and practice, in the hope of clearly define the concept, constitute, efficiency of conspire hypocritical act. Also make a distinction between hidden action, the action which escaping from law and act of mischief to get a better understanding of conspire hypocritical act.In the third part, I analyzed the act of"malicious conspiracy"which damage the state, the collective, or a third person interests,"legal form concealing illegal intention"or the regulations of invalidity contract to confirm whether the related legislation can replace the traditional regulations of conspire hypocritical act. Then I analyzed typical cases of conspire hypocritical act in judicial practice. Because our currently civil law are short of regulations of conspire hypocritical act and current civil law are short of regulations of conspire hypocritical act and current civil law cause lots of disorder in solving problem.In the fourth part, the author analyzed the problem in our current civil law; the problem of"malicious conspiracy"or the validity of contract, the coincidence of civil act or invalidity of contract in legislation, the conflict between"malicious conspiracies"which damages the third person interests. Legal form concealing illegal intention contact and the system of obliges right to revocation. At last, the author propose legal suggestion that abolish regulations of"malicious conspiracy"and"legal form concealing illegal intention", and take example by the legislation of civil law system to return to the origin state of"conspire hypocritical".