Research On The System Of Conspiracy Hypocritcal Act

Article 146 of the general principles of the Civil Law of China stipulates:"The civil legal acts carried out by the perpetrator and relative in a false sense are invalid.The effect of concealed civil legal acts expressed by false intentions shall be dealt with in accordance with the relevant legal provisions".This is the first time that China's civil legislation stipulates the system of conspiracy hypocrisy,which has important practical significance.Conspiracy hypocritical act is one of the types of defects in the expression of intention,the extermal expression of the intention of the actor and his counterpart in the civil legal act is inconsistent with their inner meaning,and they lack the meaning of legal effect,and the conspiracy of hypocrisy usually conceals a hidden behavior that represents the true intentions of both parties.For the legal effect of conspiracy hypocrisy and hidden behavior,and the effect of conspiracy hypocrisy on a bona fide third party,it should be analyzed and judged on the basis of the principle of meaning autonomy and reliance interest protection,it is better to balance the interests of actor and relatives and provide legitimate and reasonable protection for the bona fide third party,and maintain social transaction order and transaction security.The system of conspiracy hypocrisy is important in China's civil legal behavior system.There are differences and conflicts in the application of law between conspiracy hypocrisy and the special systems of malicious collusion,legal cover for illegal purposes.Therefore,it is necessary to clarify the boundaries between these systems and provide a clear legal basis for judicial practice.The article mainly includes five parts:The first chapter describes the concept,Iegal basis,and constituent elements of conspiracy hypocrisy,and emphatically expounds the scope of application of conspiracy hypocrisy.The second chapter expounds the comparative legislation of conspiracy hypocrisy and introduces the legislative status of Germany,Japan,China and Taiwan,by comparing the differences between national systems from the legislative examples to explicit enlightenment to our legislation.The third chapter discusses the legal effect of conspiracy hypocrisy on behavior between the actor and the relative,the bona fide third party and the hidden behavior.The fourth chapter analyzes the practical dilemma of the typical cases of conspiracy hypocrisy,and clarifies the application of conspiracy hypocrisy for such disputes,and further indicates the differences and conflicts in the application of the systems between conspiracy hypocrisy and malicious collusion,legal cover for illegal pPurposes,by analysing the differences between the various systems,the boundaries between the various systems should be clarified.The fifth chapter puts forward the suggestions for perfecting the system of conspiracy hypocrisy,in order to construct a complete theoretical system in the legal teaching and to meet the practical needs of judicial trial practice.