Malicious Collusion

The malicious collusion invalid rule is preserved in many doubts,the legislator did it for reasons,and it is worth studying.From the prospective of the law itself,Article 154 of the General Rules of the Civil Law changed the legislative formulation of the "General Principle of the Civil Law" and "Contract Law",added "actors and opposite party" as the subject,Integrate the expression of the original "state,collective,third person" into "others".This change helps to clarify the specific connotation of malicious collusion invalid rules,which is worth affirming.However,with the "General Rules of Civil Law" perfecting the defect system,the rationality of malicious collusion invalid rules faces new doubts,and clarifying the relationship between malicious collusion invalid rules and related legal rules has become a top priority.Obviously,in the case of changes in the provisions of the malicious collusion invalid rules and the inadequacy of the Civil Law General Rules,the discussion on the original doctrine is unable to respond to the Arrangement of the General Rules of Civil Law.To this end,this paper uses the 154 th article of the General Rules of Civil Law as a perspective to sort out the invalid collusion invalid rules from the perspective of hermeneutics,in order to better understand and apply the malicious collusion invalid rules.This paper started from the following four parts:The first chapter mainly discusses the connotation value of malicious collusion invalid rules.In order to avoid confusion,the meaning of malicious collusion needs to be clarified,and it is urgent to sort out the relationship between malicious collusion invalid behavior and malicious collusion as a means.Judging from the institutional value of malicious collusion invalid rules,this article has a unique normative benefit and cannot be easily replaced.On the one hand,the malicious collusion invalid rule can better protect the legitimate rights and interests of the parties in certain occasions;on the other hand,the malicious collusion invalid rule can be used as a legal clause to cover the complicated civil life in the future.The second chapter is about the scope of the subject of malicious collusion.After confirming that "actors and opposite party" is the subject of malicious collusion,the two parties as the subject of malicious collusion are self-evident.However,from the perspectives of historical interpretation and system interpretation,the agent(not independent third party)and the relative person are also the subjects of malicious collusion,so it is necessary to make appropriate expansion explanations for "actors and relatives".In any case,one party and an independent third party are by no means an eligible subject to prevent improper expansion of the scope of the malicious collusion invalid rule.The third chapter is about the elements of malicious collusion.Under the existing arrangements of the General Rules of Civil Law,the meaning of truth should be one of the constituent elements of malicious collusion.In addition,the “legal rights of others” should not be interpreted limitedly.“Others” is essentially an optimization of the expression of “state,collective or third person”.The fourth chapter is about the analysis of the legal effect of malicious collusion.As far as the concept of relative inefficiency is concerned,there is no unified conclusion in China.The extraterritorial legislation has limited reference and the relevant theoretical doctrines should not be introduced blindly.Judging from the provisions of the General Rules of Civil Law,the malicious collusion invalid rule is a special case against the rules of public order and good customs,and the malicious collusion itself is vulgar,so the legal effect of malicious collusion should be absolutely invalid.