On The Validity Of False Representation Of Conspiracy

On March 15,2017,the Fifth Session of the National People's Congress voted to pass the "General Principles of Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law"),marking a new milestone in China's civil legislation.The "General Provisions of the Civil Law" has many characteristics and highlights.For the first time,the system of conspiracy to make false representations is clearly stipulated in the legal behavior effectiveness norms,and the effectiveness evaluation rules of "conspiracy to make false representations" and "hidden acts" are created.Therefore,the theoretical basis of the invalidity of civil legal acts in China has been further improved.Conspiracy false representation system in the civil law system provisions are clear and the application is more mature.When China established this system,it followed the German Civil Law,but in the process of transplanting the law,it lacked the understanding of the connotation and the main spirit,resulting in the lack of clear protection for bona fide third parties on the issue of specific effectiveness determination.The scope of its application and the applicable rules when competing with similar regimes were not clear.In addition,due to the particularity of the construction industry,it is not good to determine whether the "conspiracy false" system of Article 146 of the "General Civil Law" can be applied when the "yin and Yang contract" appears.In view of these problems,this paper reflects on the difficulties of judicial practice and puts forward suggestions to solve them,hoping to make its own contribution to the better application of the Civil Law General Provisions.In this paper,the object of the study is conspiracy to falsely represent judicial application.There are three main parts: The first part starts from the conspiracy to falsify the false system itself,expounds the concept and the constituent elements,and compares it with other means to indicate the flawed system.At the same time,this paper analyzes the different provisions of the Civil Law General Provisions and the Civil Law System in China,and discusses the necessity of perfecting the theory of meaning representation defects and introducing conspiracy false representation in the formulation of Chinese laws.Finally,from the point of legal act effectiveness,this paper analyzes the effectiveness of conspiracy false expression to the parties,the effectiveness to the third party and the effectiveness of concealment.The second part reflects on the current application of this system in China through the relevant cases of judicial practice,from the scope of application,the protection of bona fide third parties,the comparative analysis with similar systems in China and the judicial recognition of the "yin and Yang contract" in the construction field.The third part puts forward somesuggestions to solve the difficulties of judicial application from the legislative and judicial aspects,so as to improve the system of false representation and enhance the operability of judicial practice.