Research On The System Of Effectiveness Conversion Of Invalid Legal Action

The system of effectiveness conversion of invalid legal acts is an indispensable important system in the Civil Code of civil law countries.Because the legislators in the actual life are based on considerations of social interests,they often restrict certain behaviors in the private law field from the overall perspective.These restrictions,while safeguarding the interests of the society,have undermined some basic principles of private law.The invalid legal action system is one of the examples.But can we combine the personal interests of private law with the interests of society,so that private law can play its greatest role and meet the needs of the interests of society?After the test of theory and practice,the system of effectiveness conversion of invalid legal acts was born.The article analyzes the related concepts of the effectiveness of invalid legal action conversion system and the comparison of similar systems,constituent requirements,scope of application,and institutional value,thereby analyzing the necessity and feasibility of the establishment of this system in China,and combining extraterritorial related legislation and The enlightenment gained from practice provides suggestions for the construction of the system of effectiveness transition of invalid legal acts in China.The full text is divided into five parts:The first part is the introduction.This part starts with the current research status at home and abroad,introduces the purpose and significance of the establishment of this system,and Wei Guogui establishes the necessary theoretical preparations for establishing a system of effectiveness conversion of invalid legal actions.The second part is the summary of the system of the effectiveness of invalid legal actions.This part mainly introduces the concept of the effectiveness of the legal action of invalid legal acts and uses the comparative study method to compare the effectiveness of the legal action system of invalid legal action with the similar system to clarify the effectiveness of invalid legal actions.Conversion system concept.Then it is an analysis and introduction of the constituent elements,conversion methods and scope of application of the invalidity legal action effectiveness conversion system.Through this part of the narrative,the value of the effectiveness conversion system of invalid legal actions is found.The third part is the necessity and possibility that our country can determine the effectiveness of the legal system of invalid legal action.This part mainly combines the value of the system of effectiveness of invalid legal acts and the national conditions of our country to summarize the necessity of establishing a system of effectiveness conversion of invalid legal acts in China.And through the introduction of domestic and foreign research on the effectiveness of invalid legal action conversion system and the two basic aspects of our country’s judicial practice,we elaborated the feasibility of establishing a system of effectiveness conversion of invalid legal actions in China.The fourth part is the practice and enlightenment of the transition system of invalid legal acts outside the domain.From the studies of typical continental law countries such as Germany,Italy,France,and Japan,we learned from the study of the legislative model that coexists with general regulations and special regulations.We adopt the "three essentials theory" in the issue of constitutional elements.General rules to be affirmed.The fifth part is the legislative construction of China’s invalid legal action conversion system.From China’s general provisions and special regulations coexisting with the choice of the legislative model,and the setting of relevant provisions,we can clarify the system of effectiveness transition system of invalid legal actions in China.