On The Influence Of Motivation On The Validity Of Legal Act

Motivation is a very important concept in psychology, the psychology in the discussion of motivation more. However, the civil legal act, the discussion of motivation is relatively small, and because the only motive is to cause people to implement certain legal acts of inducement in legal validity of an act to inspect the motivation often excluded. Because the motives of the complex, in the same legal acts, different actors have a variety of motives, if you allow the perpetrator to motivation as an excuse to change the legal acts of the effectiveness of the security of the transaction will have a very negative influences. Therefore, the need for maintaining transaction security and protection of the legitimate interests of the opposite, in general, when the validity of the legal acts are discussed, often exclude motives investigation.However, in our judicial practice, because the motive and intention, closely related concepts such purpose, the court conducting the trial of cases, it is difficult to completely disregard the motives and even in some special cases, for conduct explore human motivation has become the key to the decision in the case. Legal Acts around motivation will affect the effectiveness and motivation may have an impact on the circumstances in which legal action launched paper uses semantic analysis, case analysis and comparative analysis, and document retrieval hair, from the following aspects exploration:First, the motivation to explore the concept, want to discuss the civil legal act, the effect of motivation on the legal validity of it, it must be clear motivation concept. So this paper the concept of motivation to start, through the introduction of psychology and criminal law in motivation, motivation leads to civil law concepts. Through discussion of the motivation concept, summarized in civil law, the motive characteristics.Second, the relationship between motivation and the legal validity of an act between a general theoretical study, focused on the erroneous theory of Savigny, France theoretical reasons, conduct basic theory, Japan's "monism" and "dualism" and general theory, referred to from above general theory leads to the focus of this paper, that the relationship between motivation and the effectiveness of the legal acts.Again, from the wrong motives and motivation of two unscrupulous viewpoint of legal effects of which affect the motivation of this theme to demonstrate. When the motive mistake, mainly to Germany, China and France to explore the theory of the nature of the error as the starting point, the impact of wrong motives clarify the legal validity of an act; the motivation part of the lawless, is mainly elaborated around the principle of public order and good morals.Finally, based on the relevant laws of China, in our existing legislation, from the wrong motives to discuss the extension of China's major misunderstanding provisions disadvantages, and then to make a point of error system construction, advocated the future system of error should be used an error with the wrong motives distinguish error duality mode. And, for the motivation of illegal regulation, the proposed system of reference payment for illegal reasons, when the lawless and motivation, in particular the application of the rule will be discussed.