Discuss On Collusion Hypocritical Expression

The law may not apply without explanation.There have been no regulations concerning the collusion hypocritical expression in mainland,China,which led to differences in theoretical research and judicial practice.The formulation of the paragraph 1,Article 146 of the General Principles of Civil Law not only fills the loopholes in the law,but also provides a more reasonable and applicable path for practice.Centered on the core issues of collusion hypocritical expression,the controversy has been demonstrated from the theoretical level through interpretative research,laying a foundation for the understanding and application of paragraph 1,Article 146,of the General Principles of Civil Law.Introduction.Background and significance of research have been cleared,and core problems of collusion hypocritical expression,such as the meaning,composition,standard range,standard competition exist in the civil law,having been found out through research status reviewing,which helps to fully understand the theoretical and practical value of rules of collusion hypocritical expression.The meaning of collusion hypocritical expression proposed in the first chapter.There is a controversy about concept and connotation of collusion hypocritical expression in Chinese academic circles.collusion hypocritical expression in this article refers to the content of p paragraph 1,Article 146 of the General Principles of Civil Law,and it is different from hidden behaviors: there is a limit between the concept and other legal acts that mean untrue as well.Normative composition is proposed in the second chapter.Conclusions have been made by explaining the reasons for "three essentials" through the analyzing the "three essentials" and "four essentials",which formed collusion hypocritical expression.The conclusion includes three parts: collusion hypocritical expression is expressed by at least two meanings;objective representation is inconsistent with inner meaning and there is a conspiracy among representors.The limitation of applied scope of collusion hypocritical expression rules have been proposed in the third chapter.The existing academic disputes have been analyzed,and limitations of applied scope of collusion hypocritical expression rules have been clarified: marriage and adoption behavior should not be applied;establishment of association is also not applicable.Legal effects of collusion hypocritical expression have been proposed in the fourth chapter.collusion hypocritical expression means that the legal effects between the actor and the relative is invalid,but the invalid effect should not be against a bona fide third party,moreover,the scope of the bona fide third party should be defined.There is a co-opetition between collusion hypocritical expression and internal norms of civil law,mainly because there is a co-opetition between illegal acts covered up with legal forms and malicious collusion.It is concluded from the legislative purpose of the legislator and the historical evolution of the system by legal interpretation: the principle of "new law is better than the old law" should be applied into the collusion hypocritical expression,when a co-opetition emerged with illegal acts covered up with legal forms;when a co-opetition emerged with malicious collusion,it should be handled according to the party's request.