Discussion On Conspire Hypocritical Act

The concept of Conspire Hypocritical, which was first adopted by The GermanCivil Code, had been widely written in the civil codes of the civil law systems ofmany countries and regions. There is no systematic regulations of ConspireHypocritical in our civil laws,but with the regulations of Malicious Conspiracy andLegal form Concealing Illegal Intention. There are much disputes among scholars onthe theoretical connotations and differences of this three mentioned regulations. Inaddition, in our judicial practices, how to judge the cases which would be easilysolved under the regulations of Conspire Hypocritical in other countries is a bigproblem. These controversies and difficulties make the research of the regulations ofConspire Hypocritical and the similar regulations in China become necessary.This paper includes the introduction, the text, and the conclusion. Theintroduction part mainly introduces the emphasis of writing, writing methods etc. Theconclusion part points out that the so-called “Take on a New Face” Road whichadopts the system of Conspire Hypocritical and “Combination Punches” Road whichcontinues to use the regulations of Act Malicious Conspire and Legal formConcealing Illegal Intention are both practicable. The text is divided into threechapters which is the main parts of the paper.The first chapter is mainly to locate on the regulations of Conspire Hypocriticalin the traditional civil law system. This chapter, on one hand, writes the indisputablequestions such as the concept, components, differences with other similar concepts of Conspire Hypocritical; on the other hand, summarizes and puts personal views ofsome controversial issues such as the effectiveness of Conspire Hypocritical for thethird part and the applicable range of Conspire Hypocritical. In addition, the writingof this chapter has two aims: one is to properly grasp the essence of the system ofConspire Hypocritical and make it with the regulations of Act Malicious Conspire andLegal form Concealing Illegal Intention apart; the other is order to lay the foundationfor the following" Take on a New Face " Road. In other word, if the future ChineseCivil Code adopts the system of Conspire Hypocritical, the interpretation andapplication of it may refer to this chapter.The second chapter mainly explains the regulations of Act Malicious Conspireand Legal form Concealing Illegal Intention which are thought to be similar to thesystem of Conspire Hypocritical. The explanations of these two regulations bothinclude the interpretation, the cases of type research in Chinese judicial practice andthe differences with the system of Conspire Hypocritical. This chapter has twopurposes: on one hand, making the right understanding of the regulations of ActMalicious Conspire and Legal form Concealing Illegal Intention and putting forwardpersonal opinions of how could these two regulations correctly applied in judicialpractice; on the other hand, laying the foundation for the explanations of the "Combination Punches " Road in the following chapter.The third chapter focuses on how to make the choice between" the two roads" ofthe future China Civil Code. Through the theoretic and judicial analysis, the aim ofthis chapter is completing three tasks: the first is pointing out the real distinctionbetween this two roads; the second is exploring the two roads are practicable or not;the third is designing the provisions of " Take on a New Face" Road andemphasizing on the key points which " combination punches" Road must payattention to.