Research On Contract Signing Due To Third Party Fraud

In the general principles of civil law of the people's Republic of China,which was passed in 2017,neutral law makers clearly stipulated the situation of the third party's fraud: if the third party commits fraud,which makes one party commit a civil legal act against the true meaning,and the other party knows or should know the fraud,the defrauded party has the right to request the people's court or arbitration institution to cancel it.The purpose of this provision is to regulate the fraud of the third party and protect the freedom of will of the person who expresses his will,so as to protect the interests of the whole society.This paper uses normative analysis,conceptual analysis,case analysis and comparative study to analyze and discuss the third party fraud contract.Through normative analysis,this paper analyzes the current laws and regulations of our country,finds out whether there are defects in legislation,and puts forward solutions accordingly.Through the concept analysis method,this paper analyzes the important concepts involved,clarifies its connotation and extension,and improves the theory of the third party fraud.Through case analysis,in addition,through comparative study,this paper analyzes and combs the relevant provisions of the legislative model of the third party fraud in Germany,France,Italy and other countries,and compares them with the legislative provisions of China,finds out their advantages and disadvantages,and puts forward suggestions to improve the relevant provisions of the third party fraud contract.The first part of this paper summarizes the legal provisions on the third party fraud before and after the implementation of the general principles of civil law in China,as well as three representative modes abroad: German mode,French mode and Italian mode.The second part clarifies which person belongs to the third party in the case of the third party fraud in the judicial practice,and then clarifies the composition of the third party fraud contract;the third part,through the case analysis,puts forward the problems on the judicial practice of the third party fraud,which are embodied in the following aspects: the identification standard of the third party identity is not clear,and the distribution of the parties' burden of proof Unreasonable,the relative subjective state of the factors to consider fuzzy.The above problems obviously affect the judge's determination of the fact of the third party fraud,and lead to the difficulties in the application of the third party fraud system.The legitimate rights and interests of the fraudster cannot be fully protected,and the purpose of the third party fraud system design is difficult to achieve.In the fourth part,the author summarizes the domestic and foreign legislative,judicial and academic research results,based on the provisions of Article 149 of the general principles of civil law,and provides some ideas to solve the above problems: from the reverse side,it is clear that four categories of subjects are not "third person" category;from three aspects,it is clear that the third person fraud facts judgment standard;through the burden of proof Reasonable distribution solves the problem of the difficulty of proof,and reasonably defines the subjective state of the relative person from two aspects of "should know" and "know".Through the above-mentioned ways,we hope that the functions of the third party's fraud legal norms to combat fraud,safeguard the legitimate rights and interests of the cheated,protect the trust interests of the other party,and maintain the order of market transactions can be fully played.