On The Improvement Of My Country's Hypocritical Expression System

Juristic act shall be based on the meaning expression.False expression Of intention with two parties and unilateral hypocrisy are both belong to the system of hypocrisy.Article 146 of china's Civil Code has the rule,there is no provision for unilateral hypocrisy.This article finds out the hypocritical representation system in the judicial application of the problem about case's analysis.Not only from the history of legislative formation,tracing the origin and development of the problem,but also through the theoretical analysis of the fundamental methods to solve the problem.This article puts the dispute among them into the case to explore the settlement mechanism.At last,the author puts forward some suggestions on how to improve the virtual representation system in China.In this paper,the logic of asking,analyzing and solving problems is divided into the following five parts:The first part puts forward the question.In the first part,the author finds three problems in judicial application.Mainly from the judicial reasons of invalid reasons of the application of confusion,unilateral hypocrisy of the lack of legal basis for the case judgment and incomplete the protection of the third party,three aspects summarized and collated,using data analysis and case-by-case method.Intuitive and clear will be specific application of the situation to show.The second part analyzes the problems of the hypocritical representation system in China from three aspects: the cause of the problem,the legislative value and the theoretical source,and constructs the theoretical basis for the solution of the problem.By analyzing the legislation examples of the Soviet Union,combing the evolution of the relevant system in our country,analyzing the root causes of the problem of competition and cooperation,it is the result of the joint promotion of legislation succession and judicial practice.The emphasis is placed on the comparison between Germany and France on the different solutions to the problem of genuine reservation,and it is found that the idea of using contract interpretation and rechtsschein theory replaces genuine reservation does not fit in with the reality of our country.The legislation of Germany,Taiwan,Japan and France should be accepted by the third party in good faith in the field of creditor's rights.The theoretical source of protection,analyzing the influence of themode of real right change on the protection mode of the third people acting in good faith.The third part explores the solution mechanism of the applicable problem Through two angles.Our country should locate the meaning of conspiracy hypocrisy accurately,form specific practical trial rules through the understanding of the constituent elements,and apply the judicial interpretation norms to the relevant provisions by means of the convergence of the judicial interpretation norms and the relevant provisions.This paper expounds in detail two ways to solve the problem of competition and cooperation between "option theory" and "limitation theory".Based on examples,this paper probes into the limitation of "option theory" and the method to improve the "limitation theory" by inverting the burden of proof.The limitation of the interpretation of meaning expression in practice is emphatically analyzed,and the irreplaceable nature of the true intention reservation is confirmed in the opposite direction,thus explaining the truth and intention preservation.The value that should be prescribed as an independent system.By expounding the scope of the creditor's right which can be protected by the legal principle of "the appearance of the Bill of Rights",it is concluded that the most important task of perfecting the hypocritical expression system of our country is to construct the the third people acting in good faith acquisition on the basis of legislation in the various parts of the civil law.Decentralized provisions are complementary to the conclusion of the third people acting in good faith protection system.