The Definition Of Conspiracy Hypocrisy And Its Effectiveness

Article 146 of the General Principles of the Civil Code stipulates the “conspiracy of conspiracy”,but in the judicial practice,the relationship between the “conspiracy of hypocrisy” and the “malicious collusion” and “covering the illegal purpose in a legal form” remains to be distinguish.“Conspiracy hypocrisy” and “malicious collusion” and “covering illegal purposes in a legal form” are all reasons for the invalidity of legal acts,but the legal basis of them is different.The “conspiracy of conspiracy” arises from the formation of the meaning expression.It is caused by the absence of the effective element in the meaning element.“Malicious collusion” is a kind of act that not observing public order and good customs.The reason for its invalidity is that the perpetrator has subjective malice against the legitimate rights and interests of others.The scope of malicious collusion should be limited based on “damaging the legitimate rights and interests of others”.There are two main types of space for application.One is the malicious collusion between the agent and the relative,which damages the agent.The other is the contract.The two parties maliciously collude and damage the legitimate rights and interests of others.The “covering the illegal purpose in a legal form” is one of the acts getting around the law.The “General Principles of the Civil Law” removes the “covering the illegal purpose in a legal form”.It’s not because the “conspiracy hypocrisy” can be replaced “It is illegal to conceal the illegal purpose in a legal form”.There are two reasons.First,it is difficult to use the system to negate the effectiveness of evasion of law.Second,the circumvention of the law prohibiting the law has been absorbed by Article 153 of the General Principles of the Civil Law.It can guarantee the stability of the General Principles of the Civil Law.If the goodwill third person can assert that conspiracy hypocrisy is valid? Thelegislator has changed in the legislative process,and the effectiveness of “conspiracy hypocrisy” is uncertain to the goodwill third person.The principle of “conspiracy hypocrisy means invalidity against third-party in good faith” is mainly applied in the field of meaningism.Good faith acquisition system is stipulated in China’s civil law.For the change of property rights of formalism,there is good faith acquisition system to protect goodwill three people.The “General Principles of Civil Law” deletes the “goodwill third person can assert that conspiracy hypocrisy is valid” rules are correct.It should be specified in the Civil Code sub-divisions.