Research On The Protection Of The Third Person In Good Faith About The False Expression Of Conspiracy

The study of the false expression of conspiracy began in Germany and continued to spread to other countries,becoming a widely accepted legal concept.Considering the security and stability of the transaction,the third party is usually difficult to identify or may not know the existence of the false meaning,so it creates reasonable trust in the person who expresses the false meaning or the transferee of the meaning,that is to say,the false meaning between the former is not considered false to the third person of subjective good will.Therefore,the interests of bona fide third parties deserve protection in conspiracy to hypocrisy.One of the highlights of the changes in the new General Provisions of Civil Law of the People’s Republic of China,,in which one of the outstanding highlights of the changes in the general principles lies in the formal provisions of the contents of the conspiracy of hypocrisy.This solves the omission of this provision in our country at the level of legislation.Before the promulgation of the general provisions,cases of the false expression of conspiracy are often dealt with by the legal provisions of malicious collusion.The judge usually determines that the false expressions of both parties are invalid,but there is a certain dispute over the validity of the false expressions of invalidity and the true meaning hidden under the false expressions on the third party,and the application of the law bring a certain obstacle to the law.In practice,there are many cases of the false expression of conspiracy,such as ‘black and white’ contract,false house purchase,false transaction,guaranteed sale contract and so on.Therefore,it is of great practical significance to explore it.However,in our country,the legislation of the General provisions do not directly stipulate the specific protection of the third person in good faith.From the structure of the article,this paper includes three parts.The introduction briefly introduces the origin and composition of the concept of conspiracy hypocrisy,explains the mode of the third person in good faith protection under this concept at home and abroad,and explains the necessity of perfecting the system of the third person in good faith protection under the expression of conspiracy hypocrisy in our country.The conclusion part synthesizes the content of the main body,puts forward the revision suggestion directly,and briefly explains the social effect produced by it.The main body part is the main part of the article,which is mainly divided into four chapters.The first chapter points out the shortcomings of legislation in the current General provisions of Civil Law.Different from the review draft before its formal adoption,the General provisions of Civil Law,which were formally promulgated,did not adopt the proposal for the protection of the third person in good faith in the provisions of the draft on the expression of conspiracy and hypocrisy.Therefore,from the perspective of legislation and judicature,the author points out the current problems of the laws by using theory and practice.The second chapter analyzes the shortcomings of the previous chapter.From three angles of legislative mode,current legal system and judge’s discretion in judicial practice,this paper points out why it is difficult for the current law to guarantee the legal interest of the the third person in good faith in the transaction involving conspiracy and hypocrisy.The third chapter puts forward the identification of the third person in good faith.Since this paper wants to explore the protection of the third person in good faith,then the determination of the subject is undoubtedly the premise of solving the problem,but also the premise of applicable law.This chapter explains what a the third person in good faith is from two aspects of subjective and objective conditions,and analyzes the exceptions to the cognizance of the third person in good faith from the opposite point of view.In the fourth chapter,the author puts forward some views on how to guarantee the rights and interests of the third party in good faith,which involves the false expression of conspiracy in the General provisions of Civil Law.It mainly includes what kind of protection system to establish,the application of special circumstances under this system.In general,the purpose of this paper is to analyze the legal concept of conspiracy hypocrisy from the point of view of interpretation,combined with the current legislative situation,to investigate the applicable problems it may face in judicial practice from the perspective of protecting the third person in good faith,and to draw lessons from the relevant theoretical systems from home and abroad,putting forward suggestions for revision,so as to enrich and develop this legal concept,and further promote the improvement of the system of protection of the third person in good faith.