Study On Malicious Collusion

The system of malicious collusion is rich in connotation and involves different legal norms.It includes both substantive law and procedural law.According to the current legal provisions,there are hundreds of regulations on malicious collusion,and many of them are related to different legal liabilities.It can be seen that the phenomenon of malicious collusion is relatively common,which is also contrary to the good ideas of the public.Under different branch laws,malicious collusion should be governed by various provisions,which leads to the generalization of malicious collusion rules.This is also one of the reasons why the rules of malicious collusion are vague and easy to produce different opinions.By the interpretation of the legal provisions of malicious collusion,the external implementation of malicious collusion behavior is in a variety of ways.It includes both “malicious collusion” in the general sense of life and “malicious collusion” in the form of legal ACTS.Article154 of the general principles of civil law mainly deals with the latter.Here,different malicious collusion rules can be divided into: malicious collusion in the form of legal ACTS,and malicious collusion in the form of non-legal ACTS.As for the latter,it isoften associated with legal liability;And former involve the effectiveness of legal action more.As prescribed article 154 of the civil law general principles the malicious collusion of rules on the constitutive requirements should adhere to the subjective and objective combination.Subjectively,between the parties to seek illegitimate gain,deliberately(including direct and indirect intent)damage the legitimate rights and interests of others;Objectively,adhere to the said damage incurred,requirements must be the result of the actual damage to malicious collusion.At the same time,deal with malicious collusion in restricted shrinkage interpretation of rules,namely the others is limited to specific third person.Auctioneers the damage the legitimate rights and interests of the main property rights,creditor's rights,property rights,for example.In terms of damage to creditor's rights,the typical types of its behavior are: malicious evasion of debt performance,who harm creditor's rights;As far as the property right is concerned,the behavior type is related to the disposition without right,which will not affect the change of property right,but will hinder the property right.As can be seen from the behavior type,the establishment of the malicious collusion rule requires not only the existence of burden behavior between the parties,but also the occurrence of disposition behavior.The disciplinary action is invalid because the action is subjective “malicious” and actually damages the interests of the third party,so the“legal action is invalid” requires the burden action and disciplinary action to be invalid at the same time.On the relativity of invalidity,relative invalidity is more reasonable,that is,the specific third party who suffers damage can only claim that the legal act is invalid.From the perspective of the external independence of malicious collusion rules,malicious collusion usually overlapped and concurred with public policy,cancellation rights of creditors and tort.As far as public health and good customs are concerned,the independent value of malicious collusion lies in the typification and concretization of abstract legal ACTS that violate public order and good customs and are invalid,and taking malicious collusion as a special rule that violates public order and good customs.As far as the tort is concerned,the independent value of malicious collusionis reflected in the relief of the right.The independent value of malicious collusion is to provide the obligee with a choice.From the perspective of damage,when there is“malice” between the debtor and his counterpart,the right holder has the right to choose to apply.There are differences between the two rules,so it is of practical significance for the right holder to choose and apply them.