On Juristic Act Whose Illegitimate Purpose Concealed Under The Guise Of Legitimate Applicable Law Investigatory

"Legal form to cover up illegal purposes " is a peculiar provision of civil legislation in our country. Its original concept originated in the former Soviet Union civil law"camouflage of legal acts",after China's legislation and transplanted as a statutory and invalid civil acts. "Legal form to cover up illegal purposes," the legal behavior of its theoretical character has always been controversial in our civil law scholars.There are three main points of view: The first is a hypocrisy that the doctrine stems from the German Civil Code. Is for civil legal acts in which the meaning and inconsistency and that the legal behavior is invalid situation. The doctrine is based on whether the inner truth and the external manifestation of behavior are true or not the only standard that does not determine the validity of the act. The second is that the mainland and the Taiwan region are also translated into acts that circumvent the law.The doctrine is a manifestation of the act of enforcing the desired effect of the actor by means of a detour or indirect circumvention of the law. The focus is on whether there is a detour or indirect form of legal circumvention. The third is the concealment that the doctrine is intended to emphasize that the perpetrator through a certain hidden behavior to achieve the desired legal effect, it is not an independent legal behavior.Because of the doctrine and the act of dealing,there is a theoretical cross. The theory of the theory of this doctrine into the study of the theory of action. As a result of the existence of different doctrinal support,in the judicial practice for the court to apply the law for judicial decisions, the theoretical part of the more chaotic. There are qualitative hypocrisy for the provision; some people identified as to circumvent the legal acts; also identified as hidden behavior, concealment. This also makes the referee instruments in the application of the law when the theoretical argument is not detailed embarrassing situation. Based on the "legal form to cover up the illegal purpose" for the interpretation of the text, due to the provisions of the law in line with the appearance and want to achieve the subjective purpose of punishment against the recognition and understanding of a more broad. The court will appear in the trial on the "Contract Law" Article 52, paragraph 3 and paragraph 2, paragraph 5 mixed or even the wrong application of the situation.With the promulgation of the General Principles of Civil Law, the effect of civil legal acts has been more justified, and the circumstances of the legal action provided for in Article 153 have been deleted from the "legal cover of illegal purposes". Provided that the provisions of article 126, paragraph 2, provide the basis for the act of taking action in order to "cover up illegal purposes in a legal form". Which provides for the use of rules, the content itself is not clearly defined, need to be cited and refer to other corresponding legal requirements. At the same time, the first paragraph of Article 146 of the General Principles of Civil Law provides for a hypocrisy to make up for the shortcomings of the theory.