The Difference Between Casual Behavior And Abstract Behavior

Whether the reason behavior is the effect element as the criterion, the legal behavior is divided into causal behavior and abstract behavior. The difference between causal behavior and abstract behavior plays a crucial effect in judging civil legal relation, reducing market transaction costs, ensuring the security and stability of the transaction, and improving the market economy level of safety and orderly development. But in the existing theoretical research there is no clearly definition about how to distinguish causal behavior and abstract behavior, how to determine the system, and how to remedy the absence under the unbalance cases.This paper consists of introduction, text and conclusion three parts. In comparing of the two different behavior structure, interests and initial foundation, the author presents a unified standard to distinguish the two behaviors and the reasonable interest relief mechanism. The author explains the current relevant legal behavior system for the two behaviors and explains the purpose, the research method, and research object of this paper in the introduction part.The first part of the text discusses the concept between the causal behavior and abstract behavior. Refer to the relevant provisions of the France, Germany and China, the concept of the casual behavior and abstract behavior are analyzed. Combined with the "reason" meaning in the theory of legal act, the author put forward different reasons between causal behavior and abstract behavior. The second part further analyzes the value basis to distinguish the two behaviors. By thinking the three people social theory, the author proposes the value and the balance of interest between the casual behavior and the abstract behavior. Through comparing the two, the differences of the two are concluded. The abstract behavior theory can promote the trade, and enhance the value of wealth distribution. What’s more, it provides us a kind of inherent value of exquisite method in the civil law and civil thinking.Based on the differences between the two behaviors, the author summarizes the two types and proposes further analysis and research in the third part of the text. Combined with the procedure law and the evidence law, the last part presents how to guarantee the two behaviors in the procedure law. The author put forward the two differences in procedure law. Through the analysis of typical cases, the proof of the object, the burden of proof, proof standard are different.The conclusion part is the summary of the full text.