Judicial Application Of The Legal Rule On Malicious Collusion

The legal rule on malicious collusion which is an important norm of invalid legal rules has played an important role in judicial practice.However,there are disputes about the applicable objects,applicable conditions and applicable methods of the legal rule on malicious collusion in theory,that makes the court have some judicial dilemmas when applying the legal rule on malicious collusion.Such as difficulty in finding the facts and confusion in the application of law.Therefore,it is important to clarify the applicable objects,applicable conditions and applicable methods of the legal rule on malicious collusion for regulating the judicial application of the regal rule on malicious collusion.The legal rule on malicious collusion is the concrete embodiment of the principle of public order and good customs.The object of the legal rule on malicious collusion shall be the legal act which is based on the true expression of intention and which violates the principle of public order and good customs.Because the right to confirm that legal acts of malicious collusion are null and void is the highest degree of interference in the autonomy of will,the application of the legal rule on malicious collusion must be based on the exercise of litigation rights.Only the people's courts and arbitration organs have the right to confirm that legal acts of malicious collusion are null and void.When judging whether a certain act is applicable to the legal rule on malicious collusion,we should also specifically judge whether the act meets the applicable conditions of the legal rule on malicious collusion.Firstly,the actor must have subjective malice,subjective conspiracy and the purpose of damage.Secondly,the act which is based on real meaning representations must be the legal act of both parties.Finally,the exercise of the right does not exceed the applicable period.Although all legal acts violate public order and good customs,there is a big gap in the degree of deviance.We cannot generalize the applicable effect of the legal rule on malicious collusion.The legal act of malicious collusion which harms national and collective interests is invalid absolutely.At this time,the right to request the court to confirm that the act is invalid is litigious right,and it does not apply to the limitation of action and the period of exclusion.Because absolute nullity means that legal acts are void ab initio,the validity of the legal act does not change with the unilateral or bilateral declaration of intention.The party only has the right to request the court to confirm that the act is invalid.However,the system of invalidation of litigation rights should be established to prevent the fact has always been ambiguous.The legal act of malicious collusion which harms the interests of a specific person is ineffective relatively.At this time,the right to request the court to confirm that the act is invalid belongs to the right of formation,and the period of exclusion should be applied.Because relative ineffectiveness means that only the specific victim has the right to request the court to confirm that the act is invalid and the validity of the legal act can be changed according to the victim's unilateral expression of intention.While defining the applicable objects and applicable conditions of the legal rule on malicious collusion,we should also regulate the applicable methods of the legal rule on malicious collusion.In identifying the facts of malicious collusion,the method which is presumption of facts should be given priority.At the same time,the standard of proof for malicious collusion should be moderately reduced to ensure that the parties enjoy the same litigation rights and bear the same litigation risks.