Research On The Conversion Of Invalid Legal Acts System

In judicial practice,there are quite a few cases in which the conversion of invalid legal acts system has been used as a justification,but the results of the judgments are not satisfactory,and the reason for this is that the various aspects of the system are not comprehensively understand,resulting in many cases of misuse.Therefore,this article mainly analyzes the constituent elements of the conversion of invalid legal acts system and discusses the controversial parts in order to determine the applicable limits of each element.The introduction is divided into five parts,which discusses in detail the reason for the topic selection,literature review,and the significance of the selected topic.The main text is divided into four chapters.The first chapter of the main text introduces conversion of invalid legal acts system judicial application in our country.Firstly,the facts of three typical cases are briefly described to clarify the specific legal relations;secondly,to extract the common legal issues involved in the three typical cases;finally,the main problem addressed in this article: What are the constituent elements and limitations of the conversion of invalid legal acts system.The second chapter is divided into three main parts.Firstly,summarizing the definitions of the conversion system by different scholars to understand the system from a conceptual point of view.And the unique characteristics of the conversion system are highlighted by comparing the differences between the conversion system and the conspiracy to defraud and the supplementary interpretation;secondly,introducing the types of the conversion system and clarifies the relationship between the legal conversion and interpretive conversion to deepen the understanding of the system;Finally,the justification and necessity of the existence of the system of conversion of invalid legal acts are discussed.In the part of justification,three perspectives : the principle of good faith,the principle of autonomy and economic efficiency are used to illustrate the theoretical basis for the existence of the system.The third chapter is the focus of this article: the constituent elements of the conversion of invalid legal acts system and its limitations.The three applicable elements are specifically analyzed and internal links are established between the elements.Finally,it is emphasized that the application of conditions must have limitations.The last chapter is divided into three main parts.Firstly,taking into account the constituent elements of the conversion of invalid legal acts system,the three typical cases involved in the first chapter will be analyzed one by one,and the conclusion of misapplication will be drawn,and the correct adjudication path of these three cases will be pointed out;secondly,the theoretical contents of the first three chapters and the case analysis of the last chapter will be summarized;finally,taking into account the above contents,legislative and judicial recommendations for the establishment of the conversion of invalid legal acts system in China will be put forward,with a view to future legislation will be sound and judicially applied accurately.