The Legislative Choice Of Malicious Collaboration

Revision of the general principles of civil law of our country has been included in the 2016 legislative work plan. The legislative choices of the malicious collaboration has become the focus of discussion questions in experts and scholars. Malicious collaboration is a unique concept in civil law of China. General principles of the civil law and the contract law of China provide that “malicious collaboration damages the interests of the State, a collective or a third party, and the contract is invalid.” There are many disputes in scholars about its effectiveness or the understanding of the content. In judicial practice, application of malicious collaboration system also has certain difficulty; This article introduces the malicious collaboration's legislative provisions,meaning, elements and legal effect. By analyzing the present legislation of malicious collaboration in our country, Introducing the differences of China's scholars against the concept and the legal effect. Using comparative method to introduce simulation of continental law system and unenforceable contracts of Anglo-American law system, conclude the similarities and differences with malicious collusion. By this way to sum up the deficiency of malicious collusion in our country. Because of malicious collusion has no clear boundary, there are overlaps or conflicts with other system, there are two views about malicious collaboration: retaining and adding simulation; Deleting malicious collaboration and adding simulation. Combined with the introduction and evaluation of the malicious collaboration system in China. I propose that we should abolish the provisions of malicious collaboration and add the principle of public order and good custom.