On The Types Of Invalid Civil Legal Acts In China

Invalid civil legal acts system has always been an important part of the theory of civil law.But there are still many different opinions about how to determine the type of invalid civil legal acts during the theory and practice.The type of invalid civil legal acts related to the state public power on the the degree of restriction of the private rights and equality, freedom and other civil law core values , its importance is obvious.The general civil law of the People's Republic of China has made the following adjustments to the types of invalid civil juristic acts: the reduction of civil capacity is eight years old; changed the fraud acts, coercion acts or condemnation acts invalid for revocable ; abolished the "legal form to cover up illegal purposes", "malicious collusion acts which heart the interests of the state, the collective or the third person" and other enumerated legislation;increased the conspire hypocritical act; clearly those acts which violate the law or administrative regulation mandatory provisions are invalid, its rationality and progressiveness is self-evident .However, the purpose which gave person with no legal capacity the right to do some civil legal acts consisted with their age, intelligence, mental health state is no different from the person with limited capacity for civil conduct. So the general civil law should add the proviso after the provision which civil law acts from those without civil capacity people are invalid , "but the implementation of civil juristic acts corresponding to their age, intelligence and mental health state is effective";The unilateral civil juristic acts implemented by the people of limited civil capacity shall be determined to be invalid; in order to ensure the integrity of the plate of meaning said defects invalid civil legal acts The general civil law of the People's Republic of China should increase the intention reservation of invalid civil legal acts and the playful invalid civil legal acts In view of the malicious collusion acts appear in the judicial practice in our current civil law can find their corresponding regulatory system, so China's civil law should completely abolish the provisions of malicious collusion acts in the future ,the vast majority of "malicious collusion" acts which appear in the judicial practice can be prescribed by conspire hypocritical acts system, no right agency system, unauthorized disposal system, creditors' revocation right system, leaving a handful of "malicious collusion" acts can be prescribed by the principle of social ethics.