Discussion On False Juridical Acts

The first paragraph of Article 146 in the General Principles of Civil Law is the norm to stipulate the validity of false juridical acts for the first time in China,and establishes rules for invalid acts of Civil Law committed by the perpetrators and relatives in a false sense.Induct the composition of false juridical acts in order to strictly distinguish them from individual hypocrisy,trust behavior,indirect agency,etc.,to avoid confusion in the application of legal rules.How to understand and determine the validity of false legal acts is the core basis for the correct application of Article 146,paragraph 1 of the General Principles of Civil Law.The theoretical basis for its effectiveness evaluation is to take into account the autonomy of the parties and the reliance interests of third parties in good faith.The validity of false legal acts and the validity of the hidden legal acts are quite questionable.The judgment on the validity of a false legal act against a third party should not be interpreted as absolutely ineffective by the legislator removing the expression "not against a bona fide third person".Article 154 of the General Principles of the Civil Code stipulates that “the act of malicious collusion to harm the interests of others” is in conflict with the false legal acts.While correctly understanding the relationship between the two,the core concerns of the negative evaluation should be grasped to accurately The choice is applicable.In addition,Article 146,paragraph 1 of the General Principles of Civil Law should be interpreted as an extension or the legalization of false legal acts should be typed to compensate for the systemic integrity of the hypocritical representation theory to meet the trial needs of judicial trial practice.