A Study On The Effect Of Conspiracy To Fake Divorce

Collusion in false divorce is a frequent phenomenon in recent years.There has been a heated debate on the effectiveness of the act in the theoretical and practical fields.In this case,to clarify the legal effect of conspiracy to fake divorce in order to better safeguard fairness and justice has practical theoretical and practical significance.This paper will be divided into four chapters to elaborate on this issue.In the first chapter,the first and second sub sections of this chapter introduce the concept and composition of conspiracy hypocrisy behavior and its upper concept,which paves the way for future research.In the third and fourth sections of this chapter,the author summarizes part of the reasons for the formation of conspiracy to fake divorce and the legal risks that the parties should face,so as to elaborate the reasons why the behavior appears multiple in society,and to have a deeper understanding of the conspiracy of false divorce and thus lead to the main topic.The second chapter mainly expounds the legislative status,judicial status and theoretical status quo of the effectiveness evaluation of conspiracy to fake divorce.From the legislative status section,this section selects the provisions related to the effectiveness evaluation of conspiracy to fake divorce in the current legal provisions of our country.Through the research and Discussion on the marriage registration regulations,marriage law,judicial interpretation and the general provisions of the civil code,this section summarizes the prominent problems in the legislation.From the judicial status section,on the basis of summing up the judicial documents,this section randomly selects some representative cases as the research samples of this section.From the perspective of the frequency of law application and the existing different opinions of judgment,this paper makes a detailed analysis of the current situation,and summarizes the reasons for the frequent occurrence of this act and the existing problems in the court's judgment.From the theoretical status section,this section summarizes the different theories existing in the evaluation of the effectiveness of identity behavior and property behavior involved in conspiracy to fake divorce,and expounds the reasons for different theories one by one.From this,the author realizes that if we want to judge the effect of collusion and hypocrisy divorce behavior accurately,we need to trace back to the source,start with the judgment concept and standard of legal act,and explore the thinking and scheme of judging the effectiveness of conspiracy to fake divorce behavior in China.In the third chapter,because the scientific judgment of the validity of legal act is inseparable from the scientific standard of legal act judgment,and the standard of legal act judgment often comes from people's different choice of legal act judgment concept.Therefore,in the first section of this chapter,the author analyzes the three different effectiveness judgment concepts of individual standard,social standard and individual and social standard,and expounds why China should adopt the concept of individual and social standard.On this basis,the second section of this chapter discusses three kinds of effectiveness criteria derived from different legal values,namely,the standard of intentionalism,the standard of expressionism and the standard of eclecticism one by one,and deeply discusses why the eclecticism with intentionalism as the leading factor and Expressionism as the auxiliary criterion should be adopted in the second section of this chapter.In the fourth chapter,based on the basic theory of civil law,the author explores the root causes of the above three different effectiveness criteria,that is,different views in the consideration of the consideration of the internal truth and external expression,as well as the balance between private interest and public interest.Based on this,this paper puts forward three major judgment ideas in the judgment of the effect of conspiracy to fake divorce.In the second section of this chapter,combined with the above-mentioned concept,standard and principle of judgment,the author summarizes the judgment scheme of conspiracy to commit false divorce,and puts forward the theoretical viewpoint that the theory of validity should be applied to identity behavior and invalid theory should be applied to property behavior,so as to make a deep-seated theoretical guidance for further summing up the due path of adjudication.