Conspiracy To Hypocritically Express Institutional Research

The system of collusion and hypocrisy has a long history in comparative law,but it is still in a blank state in our country.Fortunately,the latest "general principles of civil law" has made provision for it for the first time,which makes up for the lack of legislation on this system in Chinese mainland.In addition,as the phenomenon of collusion and hypocrisy widely exists in the daily trading life,this legislative measure is of great significance to the judicial practice.Due to the current legislation on the system of collusion and hypocrisy is quite general and broad,there are still many problems in the practical application of the system.First of all,the general principles of civil law follows the norms of malicious collusion in the general principles of civil law,which makes the existing confusion of the application of invalid reasons in practice not be alleviated or even become increasingly serious.Both systems are the reasons for the invalidity of legal acts,so there is indeed an intersection to some extent.What kind of system should be applied by victims to remedy their rights and interests,that is,the way to deal with the concurrence of claims is worth exploring.Secondly,there are disputes on the scope of application of the system of collusion and hypocrisy in the theoretical circle,and there are different practices in various courts in practice,such as whether the contract act,real right act and identity act can be applied and how to apply the system of collusion and hypocrisy.There are different opinions in the academic circle,and there is no conclusion at present.Thirdly,when the general principles of Civil Law added the clause of collusion and hypocrisy,it did not add the proviso clause of the rule of non confrontation,which made the effect of the system on the bona fide third party unsettled,and then triggered the academic discussion on the construction of the protection mechanism of the bona fide third party.Finally,due to the lack of effective connection with procedural law,the distribution of the burden of proof is not clear,which makes it difficult for the system of collusion and hypocrisy to play its role,and even put it on the shelf in practice.The current legislation only stipulates that collusion is invalid.In the case of concealment,the effectiveness of the concealment is dealt with according to the relevant laws and regulations,but it ignores that the applicable premise of the provision is that collusion exists,and who bears the burden of proof for the existence of collusion is responsible for the existence of collusion,as well as the standard of proof.China's procedural law has no doubt about this.In view of the above problems,first of all,we should start with the basic theory of the system of collusion and hypocrisy.Specifically,we should understand the connotation and extension of the system more deeply by analyzing its concept,core elements,legal basis and scope of application,so as to be able to skillfully apply the system.Secondly,we should clarify the boundary between collusion and other similar legal acts,and study their similarities and differences with malicious collusion,delisting and unilateral hypocrisy,so as to effectively avoid the confusion of legal application.Finally,we should focus on the legislative status and defects of collusion and hypocrisy,and explore its causes in depth.By referring to the legislation of comparative law and combining with the realistic background of our country,we can improve the legislative defects of collusion and hypocrisy,and then provide more clear guidance for judicial practice.