On The Application Of "malicious Collusion" In My Country's Contract Law

The provision of malicious collusion has always been a controversial issue in China.Some scholars still have different opinions on whether the provision of malicious collusion should be removed from the legal system.In fact,both the query of the significance of the norm and the discussion of the criterion of adjudication,it is derived from the fact that the provision of malicious collusion is lack of operability regulations,and there is no universally accepted doctrine in the theory.As a result,the court will try its best to avoid the application of the provision of malicious collusion in practice,and it is difficult for the injured third party to seek the legal relief.Therefore,this paper attempts to find its place in the legal system through the study of the “malicious collusion” norm and its adjacent systems,thereby further compare the provision of malicious collusion norms with the existing adjacent systems,and explore an operational right relief system.Based on the origin of the provision of malicious collusion and the current situation in China,this paper first attempts to find the significance of the existence of the norm from its source and purpose,and find the necessity of its research and the problems that need to be solved at present from the current situation of the provision of malicious collusion.Next,it explores the possible explanations from the subjective and objective elements and legal consequences in the provision of malicious collusion.Then,by comparing with the system of good faith acquisition,cancellation right of creditor,and conspiracy hypocrisy it tries to clarify the boundaries of the rights of the provision of malicious collusion and makes it an operable system.Finally,using the case study method,this paper analyzes the application status of the provision of malicious collusion in judicial practice,trying to find the criteria of this norm in specific cases.