Research On Malicious Collusion In China’s Civil Law

Malicious collusion is a legal rule with Chinese characteristics,but there is always controversy about the existence and explanation of malicious collusion.Article 154 of the General Provisions of the Civil Law may be regarded as a general clause for malicious collusion,and Article 154 is born out of Article 58(1)(4)of the General Principles of the Civil Law and Article 52,Item 2 of the Contract Law,and made a certain degree of modification.Article 154 limits the subject of malicious collusion to"actor and the opposite party",the behavior is "Civil legal act",and the damage is"lawful rights and interests of others."However,the above amendments are not perfect.For example,the malicious collusion behavior is "all invalid",whether it is really effective to protect the legitimate rights and interests of others remains to be discussed,and how to coordinate the conflict between it and the consequences of related legal actions is also worth exploring.Malicious collusion is a huge existence that cannot be ignored in the current law,it has great institutional value in protecting the legitimate rights and interests of third parties.Therefore,this paper believes that it is not appropriate to directly abolish "malicious collusion",we should further improve it until a complete system of malicious collusion rules is formed.This paper will be divided into five parts to discuss malicious collusion in civil law.The first part will outline the malicious collusion,including the definition of malicious collusion in the academic circle.What constituent elements and corresponding legal consequences that the academics think are necessary for malicious collusion.This part will also briefly describe the history of malicious collusion’s evolution.In the second part,the paper will sort out the types of malicious collusion in judicial practice based on the case of the communique and typical cases,and analyze the problems of malicious collusion in judicial practice.In the third part,the paper will introduce the leg,islative disputes of malicious collusion,and compare the malicious collusion with the relevant legal system,in order to clarify their relationship and calm the dispute.In the fourth part,this paper attempts to reconstruct malicious collusion under the framework of the General Principles of Civil Law.First of all,this paper will interpret Article 154 of the General Principles of Civil Law,Article 154 is regarded as a"general collusion general clause".This paper will clarify the constituent elements of malicious collusion according to this legal term and also expresses doubts about the"invalidation of malicious collusion";Secondly,On the basis of questioning,this paper will further explore the conflicts between malicious collusion and the current relevant legal acts as well as propose corresponding solutions;In addition,this paper will analyze the provisions of other laws that contain "malicious collusion" and"collusion" provisions,in order to achieve the coordination of many malicious collusion provisions in the current law;Finally,based on the above analysis,this paper will put forward corresponding suggestions on the judicial practice of malicious collusion.The fifth part is a summary of the full text.