Disscussion On Expression Of Intent Of General Part Of Civil Law

Expression of intent is the core element of legal act.The legal act runs through the whole civil law.The countries?regions? with civil code stipulate the legal act in the general part of the civil law.Expression of intent will affect the general rules of the civil law.Legislation,which in turn affects the legislation of the Civil Code.In China's "General Part of Civil Law",expression of intent is specifically set as a section in the"Civil Law Act" chapter,which has important significance in the history of China's civil legislation,that is,this arrangement reflects China,s"General Part of Civil Law" focusing on the arrangement of laws and regulations.The logical relationship above shows that China's existing legislative technology and level have reached a certain height.However,expression of intent of the General Part of Civil Law indicates that there are still some problems in the system and content of the legislation,and these problems need to be improved.By expounding the doctrine between expression of intent expression,expression of intent and legal act,this paper clarifies that the doctrine of the relationship between expression of intent and legal act is roughly divided into two categories:"element theory" and "tool theory".The"elemental theory"believes that expression of intent is a constituent element of legal act.The German civil law adopts the "elemental theory"as the general theory,and the relationship between expression of intent and legal act.According to German civil law,there is almost no difference between the two aspects of actual legal application.“Tools”considers expression of intent to be a tool for achieving legal act.In the difference between "elemental theory" and "tool theory",it is generally considered that there is only a difference in research perspective,and the other aspects are the same.It was not until the German jurist doctor Lehnen further refined the above-mentioned "tool theory" and proposed the"two-layer six-stage theory".The distinction between "elemental theory"and "tool theory" became clear.Lehnen's "two-layer six-stage theory" on the basis of "tool theory",strictly distinguishes expression of intent from the legal act,and advocates that each layer is set up one by one,each forming a small system,and each small system is divided into three stages,namely,expression of intent of the establishment of expression of intent,the effective,the effect,the legal act within the layer of legal act.The effective,the effect,the order of expression of intent of the layer before the legal act layer,only when expression of intent indicates at this stage of the effect,legal act can enter the establishment stage.The "two-layer six-stage theory" fully demonstrates the logical relationship between expression of intent expression and the legal act,and is conducive to improving the logic of expression of intent expression and legal act in the General Part of the Civil Law,and helps the expression of intent more logically in the legislative system.This paper analyzes and analyzes the legislative status quo in the"General Part of Civil Law" in China,and combines Lehnen's "two-tier six-stage theory" to clarify that although China has set up a "Expression of Intent" section in the chapter "Legal Acts".It embodies the logical relationship between expression of intent and the legal act,but the terms of expression of intent rule are not completely included in the "Expression of Intent”section,which is not conducive to the rationality of expression of intent representation system.Expression of intent in the article indicates that the legislation still needs further improvement in the system.By comparing the German civil law,Japanese civil law,Taiwan civil law and other Pandektun civil law,this paper finds that China's“General Part of Civil Law,means that the legislation is also flawed in content,mainly in three ways:First,by comparing the legislation of other Pandektun system countries,analyze the historical development of the retention of true intentions,and clarify that the true expression of intent is retained as an indispensable provision in the General Part of the Civil Law.If there is no provision for the retention of true expression of intent,expression of intent of the system can not be a complete system,and expression of intent of the General Part of Civil Law in China means that the rules part does not stipulate the true reservation,which affects the integrity of the contents of the General Part of Civil Law in China;instead,it compares the legislative status of other countries' hypocrisy and clarifies that although the general provisions of the Civil Law of China stipulate the hypocrisy of conspiracy representing.But not specifying,the protection of a bona fide third party in the hypocrisy of conspiracy,by analysing expression of intent of protecting a bona fide third person in the hypocrisy of conspiracy,and clarifying the goodwill in the hypocrisy of protection of conspiracy in China's General Part of Civil Law The importance of the third person;through the analysis of serious misunderstanding of "General Part of Civil Law" and analysis of the historical development of China's serious misunderstanding system,clear China's "General Part of Civil Law" in the serious misunderstanding in the system architecture and content are flawed.The "one handle model" is still used in the system,that is,the distinction between the error and the motivation is not distinguished,and the "loss is greater" is the standard.The judge's discretion is larger,resulting in a higher probability of different judgments.There is no clear definition of what constitutes a serious misunderstanding,and how it can constitute a serious misunderstanding requires further interpretation of the law.In order to solve the above-mentioned problem of the lack of logic in the arrangement of expression of intent rules in the General Part of Civil Law of China,this paper proposes to use the "two-layer six-stage theory"of Lehnen as the theoretical basis,strictly distinguishing the provisions on the rules of expression of intent expression are concentrated in the section on“Expression of Intent”in the Section Two of Chapter ?,which will provide for the false representation of conspiracy in the Section Three of Chapter ?,“Effects of Civil Acts”.Serious misunderstandings,fraud,and coercion provisions are set out in the section on "Expression of Intent".In order to ensure the structural integrity of the“Expression of Intent",it is necessary to supplement the definition of true reservation in this section,because in the traditional Pandektun system,the intentional reservation,the conspiracy of hypocrisy,expression of intent of error(China is serious misunderstanding),fraud and coercion together constitute a complete expression of intent system.In solving the content defects of expression of intent of the legislation in the General Part of Civil Law of China,this paper suggests:supplementing the provisions of the true retention;supplementing the provisions of the hypocrisy to indicate the protection of the third party in good faith,that is,in the hypocrisy of conspiracy to combat the bona fide third person;to improve the content of serious misunderstandings,it is recommended to adopt a "two handle model" that distinguishes between motivational errors and false representations to improve the legislation,which helps the transaction security,provides judges with more specific criteria for judgment,and is conducive to reducing the result of different judgments in the same case.