Civil Mistake System Research

Civil mistake system originates from the Roman period, until today, it has been the most difficult and challenging problem of meaning expressing areas. Meaning is a legal element in the implementation process, when flaws will inevitably occur in the authenticity. Mistake is a flaw, so the provisions of its legal consequences not only matters of the protection of true meaning, but also concerns safeguard of the interests of the trust. So this article will use the historical method, comparing method and the positive method to study the mistake theory as following aspects. Introduction: Introduce the mistake theory and research purposes. First, civil mistake system's historical tracingThis part first study the background of civil mistake system from three sides which are the development of commodity economy, promoting of the contract concept, and different theoretical viewpoints of scholars. Then sum up the historical mistake shapes .At last, talk about the value evolution of mistake system around the freedom of contract, transaction security, justice and substantive procedures.Second, comparing study of civil mistake systemBasing on studying two genealogies of law, this part introduces mistake systems of France, Germany, Japan, China's Taiwan, the United Kingdom and United States separately. After comparing, it makes an assessment, with a view to build Chinese mistake system.Third, reconstitution of the civil mistake systemAfter study the traditional mistake theory and the legislation of advanced countries in the world, this part constitute the mistake system from its meaning , types, elements and legal consequences four aspects to reconstruct the mistake system.Fourth, legislative proposals of improving the mistake systemThis part first reviews our country's mistake system and different design about mistake system of current, drafts of civil code, based on which mistake system and specific legal provisions are proposed. Conclusion: reassert and summarize viewpoint of this paper.