| This essay compares academic papers with practical cases to discover the application of “transition of invalid legal acts” system in academy and practice as well as analyses and values the application of this system via comparative law experiences and case studies to review its correctness and appropriateness,thereby trying to ascertain a comparatively united standard for judicial rulings to apply this system under the current civil law system in China for the sake of properly solving similar practical issues and providing convenience for judicial practice.This essay contains Introduction,body text and Conclusion.The Introduction is a retrospect to theoretical fruits and perspectives by foreign and domestic academics and recent application of this system in practice as well as an analysis of problems of applying this system domestically.The Conclusion in the end points out the core perspective of this essay which is a more precise application of this system.The body text consists of three chapters as followings.The first chapter mainly defines the concepts and types of transition of invalid legal acts.Furthermore,it divides into two parts where the first part sums academics' definitions of the system and attempts to extract a more accurate one while the second part identifies similar concepts to prepare for the detailed analysis in following parts.The second chapter discusses the constituents of transition of invalid legal actions and divides into two sections.The first section restructures constituents of this system in a logic order by deconstructing views in the field of comparative studies.The second section demonstrates restructured constituents via applying them to casesas well as discusses the relationship between void and changeable and revocable legal acts and transition in the first chapter.The third chapter mainly researches the domestic application of transition of invalid legal acts system.This chapter is divided into three sections.The first section concerning the current application of this system analyses and discusses judicial rulings and academic views by studying similar cases to point out the inappropriateness of current application.The second section regarding the appropriateness of establishing this system indicates that although this system has its independent value it is not indispensable.The third section is to discover the possible approach to applying this system under current civil law system.This section analyses the possibility of circuitous application of transition of legal actions with three theories which are partially invalid legal acts,explanation of legal acts and legal loophole fill and thereby concludes that the transition of legal acts could be realized by explanation of legal acts. |
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