Study On The Application Of The Rule On Juridical Act With Malicious Collusion

All along,the invalid rules of malicious collusion are all quite special provisions in China's law,but there is a huge controversy in the necessity of the establishment of the provisions and its scope of application in the civil law theory community.The existing research is based on the natural connection between malicious collusion and conspiracy hypocrisy and public order and good customs.After examining the judicial practice in our country and other national legislations,it is considered that there is no need for the invalidation of malicious collusion in China.Different from that,this paper,through the clarification and accurate positioning of the relationship between malicious collusion and related concepts,takes the General Provisions of the Civil Law and relevant specific legal provisions as the research object,and uses our country's legislation and judicial practice as a reference to deduce that the invalid provisions of malicious collusion has its independent scope of application and unique practical significance in our country.This paper analyzes the internal composition and external effectiveness of the regulation from a new perspective,and accurately grasps the system orientation in the invalidation of civil legal acts,so that the malicious collusion is invalid and stipulates its normative role and value function in the civil legal system.In addition to the introduction,the main body of the text consists of the following four parts:The first part,explaining the relevant disputes on the invalidity of malicious collusion in China's law.Firstly,it introduces the provisions of malicious collusion in relevant laws and their existing problems,and then focuses on the innovation and development of the General Provisions of the Civil Law compared with the Invalidation of Malicious Collusion in the General Principles of Civil Law and the Contract Law.Secondly,it analyzes and clarifies the main controversy about the relationship between malicious collusion and conspiracy hypothesis by combing the various controversies between the theoretical and practical circles on malicious collusion.The second part,explaining the confusion and clarification of the abuse of malicious collusion in the current judicial practice in detail.Through the case search,the types of cases that generally apply this regulation in practice are summarized,including the unauthoriseddisposition,the multiple transfer of property rights,the evasion of debt and the fraudulent guarantee;and on the basis of revealing chaos,the above analysis is emphasized.The issue should be dealt with on the basis of unauthorised disposition,creditor cancellation rights,fraud and other related civil systems and its justification.The third part,discussing the scope of application of the invalidation of malicious collusion in China's legal practice systematically.First of all,by tracing the provisions of malicious collusion in China's relevant civil legislation materials,it explores its regulatory objects at the beginning of legislation,and combines the provisions of the General Principles of Civil Law and its practice to discover changes in the scope of malicious collusion.Secondly,in the system,the provisions of Articles 154 and 164 of the General Provisions of the Civil Law are interpreted to identify the basic scope of application of the invalidity of malicious collusion,and on the basis of it,the Auction Law and Tendering and Bidding Law and other legal provisions are combined.Investigate the more specific scope of malicious collusion.Finally,it discusses the application of invalid rules of malicious collusion in addition to the existing creditor's right of revocation,and defines and clarifies its relationship with tort liability,in order to demonstrate the normative and unique significance of the malicious collusion in China.The fourth part,to explain the internal composition,external effects and legal positioning of the invalidation rules of malicious collusion systematically.On the basis of the system understanding the invalid provisions of malicious collusion and its scope of application,based on the structure of civil legal acts,the author analyzes the subjects,meaning representation and the behavioral consequences of the malicious collusion.And explaining the external legal effects after analyzing the internal elements of the malicious collusion.Finally,the invalid collusion of malicious collusion civil legal acts are proved to be the systemization against the special order of the public order.