The Enlightenment Of Undue Influence System In Anglo-American Law On The Improvement Of The Defective System Of Expression Of Intention In China

In common law,undue influence is a unique and important system,it is not only an important role in safeguarding the justice of contract plays,but also for the transaction in the inferior side of the meaning of freedom to play a role in escorting the United Kingdom and the United States.The system of undue influence in the United Kingdom and the United States is basically the same in terms of legislative purpose and legal consequences,but there are some differences in the types and standards of determination.By comparing the system of undue influence with the system of defective expression of will related to our country,we can know that,although the system of undue influence is the most similar to the system of duress and unconscionability in China,through careful analysis of its constitutive requirements and the determination of coercion and loss of fairness in judicial decisions,it can be clearly found that there are still some deficiencies in the existing system of defect of declaration in our country.The existing system can not cover all the contractual disputes caused by undue influence and can not effectively safeguard fairness and justice.The system of undue influence has great significance to improve the defective system of expression of intention in our country,and has the independent existence space in our country.It can not only set up a protective line for the complicated human society in our country,but also regulate some hidden unfair trade behaviors in the market economy.We should not copy the undue influence system of Anglo-American law,but should absorb the essence of the system to perfect the defective system of expression of intention in our country,so as to seek the balance of interests between promoting the efficiency of transaction and maintaining fairness and justice.By comparing and analyzing the various viewpoints of the academic circles on introducing undue influence system,this paper holds that it is more feasible to integrate undue influence system into China's duress system,and it is more feasible to maintain the stability of the existing legal system.At the same time,through the Supreme Court to issue relevant guidance cases as a supplement,through the legislative and judicial two ways to fill the loopholes of our country's defective meaning system,so as to better promote the healthy and benign development of our market economy.