Research On The System Of Civil Legal Act

The system of civil legal act is one of the core systems of civil law.Currently,the legal act system has been generally established in the countries of continental legal system.The “General principles of civil law” promulgated formally in March 15,2017,on the basis of absorbing the main research achievements,the system of civil legal act has been improved.For example,the legislative determination of “legal nature” of civil legal act is revised;the terms of “civil act” are also revised,the concepts of “invalid civil legal act”,“the revocable civil legal act” are adopted explicitly;the “by advantage of others' difficulties” is merged into the “obvious unfairness” and is included in the list of “revocable civil legal acts”,add the behavior type of “false representation” and “fraud of the third party”,add the exclusion period of cancellation right and abandon rules of cancellation right,and optimize the system of civil legal act.However,there still exists disputes about many problems in the system of civil legal act.There is still very important significance to the research on the system of civil legal act.First of all,the historical evolution,the definition of concepts and function about the system of civil legal act were expounded,to understand and grasp the system of civil legal acts from the macro perspective,and lay a theoretical foundation for further study.Then,this paper carried out the study on the system of civil legal act from the three aspects: the constitution of civil legal act,the establishment of civil legal act and the validity of civil legal act.Specifically,in the aspect of the constitution of civil legal act,combining with the related theory,the subject of civil law,the content and meaning representation of civil law are analyzed.Then this paper expounded the concrete influence in face of the progress and development of science and technology,on this basis,the paper put forward some suggestions on the perfection of the constitution of civil legal act;in terms of the establishment of the civil legal act,the establishment and effective elements of the civil legal act are studied.At the same time,this paper discussed the distinction between the establishment and effectiveness of civil legal act.Combining with the background of the times,the paper described the change trend of the establishment of civil legal act.On the basis of this,the paper put forward some legislative suggestions on the perfection of civil legal act;as to the effectiveness of civil legal act,the paper analyzed the types of civil legal law effectiveness and the influence of prohibitive norms of civil legal act,and discussed what is the impact and influence of civil legal act effectiveness,in the face of the development of electronic commerce.On this basis,the paper put forward some legislative suggestions to improve the effectiveness of civil legal act.The methods such as literature research,semantic analysis and comparative analysis are adopted in this paper.In terms of the new developments and new changes in elements,establishment and effectiveness brought by the development of science and technology,the progress of the times to the civil legal acts,combined with the provisions of the “General principles of civil law”,the paper put forward specific legislative proposals,so as to improve the system of civil legal act continually.