Research On The Defects Of Effectiveness Of Identity Juristic Act

The greatest academic achievement of the German Pandekton School is the study of "legal behavior",which plays an absolute leading role in the theory of civil law and has a very large impact on the development of civil law in many countries in the future.The sixth chapter of China’s "General Principles of Civil Law" also stipulates a civil legal behavior system,which plays an important role in the systematic construction of the Civil Code.In theory,civil legal acts can be divided into property behaviors and identity behaviors.However,most of China’s current theoretical research and legislative work pay more attention to the legal behavior of property,and the degree of attention is relatively high,without paying sufficient attention to identity behavior.Therefore,it is necessary to systematically study and sort out the legal acts of identity,clarify the differences between the legal behaviors of identity and the characteristics of property legal acts,and construct a legal system of identity behaviors different from property behaviors,thus forming a property behavior and A relatively complete legal behavior system composed of identity legal acts.Due to the limited space,this paper focuses on the effectiveness of identity behaviors and the system.The article consists of five parts:The first part firstly discusses the significance of the research on identity behavior and its effectiveness and system under the background of the compilation of the Civil Code.Secondly,it discusses the status of the research on the effectiveness of identity behavior through domestic and foreign perspectives.And systematically present the research ideas and research methods used in the research process,and finally reveal the main highlights of this paper through the display of innovation points.The second part systematically discusses the basic theory of identity behavior and its effectiveness through three aspects.Firstly,the basic definition of identity behavior is completed through the discussion of the concept,characteristics and types of identity behavior.The concept of identity behavior in the doctrine is controversial.The author agrees in a narrow sense that identity behavior refers only to legal acts that directly lead to the generation and elimination of relatives’ identity.Then through the combing of the relevant disputes between the identity behavior and the civil legal behavior,the basic relationship between the identity behavior and the civil legal behavior is clarified.The identity behavior should be a civil legal behavior in nature,but it has different attributes from the property behavior.Finally,based on the basic theories of the first two sections,the definition and specific types of the effectiveness of identity behaviors are carefully demonstrated.The effectiveness of identity behavior is considered to include both invalid and revocable types.The third part sorts out the legislative status and existing problems of the effectiveness of identity behavior in China through the two perspectives of marriage and defamation.It is considered that the current lack of type in the system of the effectiveness of identity behavior in China is lack of system,and the provisions of the cause are lack of scientificity.The validity of the effectiveness of the identity act lacks special considerations for the identity relationship.It laid the foundation for the improvement of the effectiveness of the system of identity and behavior in China.The fourth part sorts out the civil law system and the law of the Anglo-American law system on identity behavior through the two perspectives of marriage and defamation.On the basis of this,a comparative analysis is made to introduce the marriage system and the adoption system in the Anglo-American legal system and the mainland.The legislative situation of the legal system and the relationship between the two.And pointed out that the two major legal systems countries and regions on the effectiveness of identity behaviors,system legislation for reference to China.The fifth part is based on the analysis of the above basic problems,and discusses the improvement of the effectiveness of the identity behavior system in China.Firstly,it points out that the effectiveness of identity behavior system should consider the connection with the civil law system of civil law in general,and the other party should also fully consider the particularity of identity behavior,and value the relationship between stable marriage and family.Secondly,it is believed that China’s legislation should improve the legal reasons for the effectiveness of identity behavior,including the reasons for reducing invalid marriage and invalid adoption,expanding the reasons for revocable marriage,adding provisions for revocable adoption and stipulating the reasons for revocable adoption.Thirdly,it is believed that our country’s legislation should improve the legal consequences of the effectiveness of identity behavior,including the provisions and improvement of the cure system,the elimination of the retroactive force on invalid and revocable creative identity behavior,and the introduction of honest parties to invalid identity behavior.The protection system of interests,etc.