Analysis On The Intention Expression Error In China

Born in the civil law system of mistake,in order to make people in the case of an error from the meaning of that constraint can.But the system of mistake declaration of intention but also cannot ignore the phase protection of the interests of the other party,if the parties have any errors based on the effect that will make the legal act invalid legal acts in an unstable state,the transaction security is a serious threat,a substantial increase in the cost of transaction.So now that the core system lies in the interests of the game for the wrong ideographic with others by providing a standard error,clear ideographic case in which the error can get rid of the legal behavior restraint problems and interests caused by the error based on how to allocate between the originator and the relative problems.How to implement the autonomy of both people and protect the reasonable expression,relative trust,and protect the safety of transactions,become the mistake in the legal system of a problem.Countries around the scope of available remedies,as well as the legal consequences of the wrong meaning of a more systematic study,and in the legal form of a set of perfect adjustment mechanism.China's current legislation on the system of the error of the declaration of intention is not enough,so it is necessary to do further research in theory.The following study methods are employed in this thesis.1.By the historical method,from the development of the history of theory,we can clearly find the evolution track of the system and find the principle and basis of the system;2.By literature review method,based on the results of previous studies,the theoretical basis is provided;3.By interest measurement method,there are two aspects of the system of expressing mistakes: the right to cancel the meaning of a person and the right to compensate for damage;4.By case analysis method,this paper analyzes Liang Huixing,Wang Liming and Xu Guodong's suggestion on the construction of intention expression error system and puts forward the conception design of the system.In addition to the foreword and tag,mail body is divided into four parts:In part one,the origin of intention expression error system,mainly introduces the historical condition and the development course of the system.In part two,it focuses on the analysis of current situation and reflection of the error system,and reveals China's current legislation means that the defects of theory and legislation,and puts forward the necessity and urgency on the error system.In part three,it introduces the legislative models and types of intention expression error system.lists the unitary model and two element model,and introduces the classification of error types in German civil law and Anglo American Contract Law,and makes a comparative study.In part four,it produces the subject of the reconstruction of intention expression error system.Different design proposals for the draft of the civil code draft of the analysis,combined with China's legal tradition and the origin of the system,the author thinks that should take the "error" to replace " serious misunderstand",and try to construct the liability structure of the error two element model,and China's reliance damage.