Application Of Conspiracy Hypocrisy

In recent years,many false housing transactions have been discovered in trial practice.Such behavior will not only harm the interests of bona fide third parties,but also cause instability in the housing market.Due to the relatively high housing price in China,in this context,in order to maintain the transaction order and control the housing price,relevant departments have issued relevant regulations to rationally regulates.The rules involved in the types of housing transactions in duplicate contracts disputes mainly include malicious collusion clauses,legal provisions to cover illegal purposes and the conspiracy hypocrisy system stipulated in Article 146 of the General Principles of Civil Law.This paper mainly studies the applications of the conspiracy hypocrisy system in the housing sales contract,in order to better regulate the relevant illegal activities in the housing sales contract.The paper is divided into four parts.The laws involved in the types of housing transactions in duplicate contracts disputes mainly include malicious collusion provision and legal provisions to cover illegal purposes,and the conspiracy hypocrisy system stipulated in article 146 of the General Principles of Civil Law.Among them,the conspiracy hypocrisy provision is the first time that China has stipulated the validity of false civil law acts.In order to explain the relationships of conspiracy hypocrisy and malicious collusion and legal provisions to cover illegal purposes provisions,and how to determine the conspiracy hypocrisy and the validity of related contracts in the types of duplicate contracts cases of housing transactions.The author selected four duplicate disputes of housing transactions.The main framework and content of this paper are as follows:The first part:The author first analyzes the reasons for the disputes arising from the housing transactions of duplicate contracts and the classical types cases of the duplicate contracts disputes and submit questions based on simple analysis the four cases.That is,before the introduction of the conspiracy hypothesis,the type of duplicate contracts cases for housing transactions in judicial trials has always been applied for malicious collusion and covering illegal purposes in legal form,the malicious collusion and legal provisions to cover illegal purposes articles are legally competing.The issued of conspiracy hypocrisy,these three articles are competing.How to apply these three provisions in judicial practice is worthy of attention.The second part:On the basis of jurisprudential analysis of conspiracy hypocrisy,it focuses on the specific identifications of the conspiracy hypocrisy in the duplicate contracts of housing sales,and compares the conspiracy hypocrisy theory with the malicious collusion and covering illegal purposes in legal form provisions.To clarify the extension ranges of these three provisions.The third part:Firstly,the author analyzes the effectiveness of the conspiracy hypothetical in housing sales contracts between the parties.It is considered that in the case of not violating the mandatory provisions of the law,the yang contract for the sale of a house is a valid contract.Secondly,on the basis of clarifying the third party of the conspiracy hypocrisy contract,the author discusses the conspiracy hypocrisy to express the effectiveness of the bona fide third party and the effectiveness of the malicious third party.The fourth part:Through the combing of the conspiracy hypothesis in the duplicate contracts in housing sales,and then thinking about it and proposing relevant legislative proposals,it is expected to provide a useful reference for dealing with the conspiracy hypothesis of judicial practice.