Comparative Research Into Systems Undue Influence

Undue influence indicates that exert influence people use the certain reliable anddependable relationship between the affected people to offer them improper persuasion,which in its spiritual and psychological impact, or no certain relationship between theaffected people, yet exert influence people take advantage of the affected people withweak will, cowardly physical condition or mental pain to affect their choose capacity,which will lead them to make the non-free intention. Undue influence origins from the UKequitable system, a system that is unique in the common law system, has a unique positionin the meaning expressed flaws theory. This theory is developing to make up for thenarrowness in "coercion" in Anglo-American law applicable range. Traditional stressrefers only to "economic coercion" against the person, the oppressed and the subsequentdevelopment of mental and psychological pressure, coercion can not be adjusted. In orderto solve the limitations of stress principle on the relief,undue influence theory makes itsappearance. The development of undue influence system in common law countries hasbeen fully matured, and undue influence regime is very applicable in practice, which hasprovided legal relief to the affected people.This paper illustrates the undue influence of the common law countries system andsimilar provisions in civil law. The analysis of the imperfections within the meaningexpressed flaws theory is based on the common law system, combing with China’snational conditions and characteristics.The predicament of the undue influence system isdissertated in terms of undue influence applicable system in our country. Meanwhile, thepaper expresses idea of establishing undue influence system regarding the identification ofundue influence system standard,applicable to the type of contract and legal remedies.