On Malicious Collusion Contract

Malicious collusive contract is a sort of original creative morbid contract in China. There exsits theoretical disputese over this kind of contract among scholars, besides, there exists many problems in the application of the malicious collusive contract. In view of those disputes and problems, this paper aims to anlyze the the related problems existed in the determination of the malicious collusive contract, such as the confirmation of the subject,the determination criteria, as well as the limitation of action, and with the perspicuity of the concept, nature, composition and validity of the malicious collusive contract as its theoretical basis.There are five parts altogether:In the first part, the author clarifies the concept and nature of the malicious collusive contract. Malicious collusive contract is the contract illegally concluded by both parties with the purpose of damaging the interests the country, the collectivity and the third party. Malicious collusive contract is a kind of invalid civil behavior, but in view that contract has both generalized and restricted hierarchical concepts, and as to comply with the conventional uses to relieve the contradictions in the law theoretical system, the author claims the malicious collusive contract as the generalized concept.In the second part, the author clears the constitutive requirements of the malicious collusive contract.on the one hand, the parties are out of subjective malevolence. On the other hand, the parties are collusive, and the contract will damage the interests of the country, the collectivity or the individual.In the third part, the author redefines the validity of the malicious collusive contract. Based on the scholars' new-examination of the classification standards of the malicious collusive contract, the author proposes that the validity of the malicious collusive contract is divided into absolute invalid and relative invalid. That is to say, the malicious collusive contract which invades the nations' interest is absolute invalid and that invades the interests of the collectivity and the individual is relative invalid.In the fourth part, the author analyzes several problems exsited in the malicious collusive contract in practice. and puts forward that the confirmation of the invalid subject of the malicious collusive contract, the application of limitation of action vary according to the validity , as well as analogizes the presumption system applicable to the civil action to rearrange the evidential burden to solve the difficulties in the confimation of the malicious collusive contract.