| As the sustaining booming of economy,trade and business sections in China,there are increasingly disputes triggered by "formal and substantial contract" and "transaction for loan" in judicial practice.That are actual results of the collusion of both parties to make false expression of meaning in civil legal actions.This is not only the case by consensus of all parties.Disputes could also be given rise by an unilateral veiled expressions.Such as,nonpayment after posting an advertisement offering a reward,taking a friend’s joke seriously and making such claim and many others.There used to be a time that false expression does not constitute a false declaration of will according to the past General Principles of Civil Law,and that leads directly to dilemma in trials.With the new General Principles of Civil Law coming into effect on October 1st,2017,China has entered a new era of "Civil Code" in China’s civil law regime.Adding the concept of veiled expression,a substantially complete theories and rules of hypocritical act has officially established in the new General Principles of Civil Law.And it provides firm backing for judicial practice to some extent.On the other hand,there are still some flaws,such as the lack of unilateral veiled expression,the system deficiency of the third party acting in good faith to against the conspire hypocritical act and so on.It advises that we are still steps away from perfect and systematic theory.This essay intended to discuss about the hypocritical act regime in General Principles of Civil Law.It will start with introduction leading in with a few cases and proposing the research question.The background and significance of research in this field,literature reviews,methodology and the structure of the essay will be demonstrated in this part.This will be followed by a theoretical discussion of hypocritical act in the second part,stating with the hypocritical act in defects means,the definition and key elements of the separate hypocrisy act and conspire hypocrisy act.In the third section,the types and the legal validity of the separate hypocrisy act will be focus on.The lack of separate hypocrisy act in General Principles of Civil Law and legislative advices will also be discussed in this part.The fourth section will study the scope of application of the conspire hypocrisy act,making judgement about the application of the unilateral legal act of relative person and the identity legal act,and then study the relationship between conspire hypocrisy act and malicious collusion and the act concealing illegitimate purpose in legitimate form.Finally,the validity of conspire hypocritical act,the validity of the hidden behavior in the conspire hypocritical act,the deficiency of conspire hypocritical act in General Principles of Civil Law and feasible proposal to perfect this system will be analyzed in the last part. |
