Research On The Simulation Theory

Simulation is one of the traditional civil law systems which has developed for hundreds years. This paper has its settings as the new housing policy by February 20,2013. With the development of china’s real-estate market and economy, new kinds of civil disputes is constantly emerged. China’s current civil law system is difficult in dealing with such disputes. In this context, how to protect the rights of the transaction, how to stabilize the transaction security is especially important. Through the comparison of Chinese and foreign law, and combining with the practical difficulties encountered in the work, the author tries to provide some advices on China’s civil law system. The paper has six parts in all.The first part includes the paper’s research background, research methods and path. The author analyses the relevant theoretical basis as well.The second part introduces the concept and constitute of simulation. Also make a distinction between trust acts, fraud behavior and the action which escaping from law.The third part analyses the efficiency of simulation, including the efficiency against third parties and the efficiency of the hidden act.The forth part studies the "malicious conspiracy" and "legal form concealing illegal intention" systems in China’s civil law code.The fifth part specially classifies and divides the typical cases in the real estate market, in hopes to find suitable solutions.The sixth part, also the last part, suggests some perfection methods for China’s current civil law system. The author hopes her advices could help the development and completion of China’s civil law system.