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The Conspiracy Of Hypocrisy In Our Civil Law Indicates The Perfection Of Behavior

Posted on:2019-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ZhangFull Text:PDF
GTID:2436330596453710Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the economy and the improvement of various policies,conspiracy hypocrisy emerged in a large number of forms.However,before the promulgation and implementation of the Civil Law,the judicial practice involving conspiracy hypocrisy in mainland China was in a legal blank.Article 146 of the Civil Law promulgated and implemented on October 1,2017 clearly stipulates conspiracy to show hypocrisy for the first time.So far,many disputes caused by conspiracy to show hypocrisy have been settled,but whether this system can be applied to conspiracy to commit hypocritical marital acts is not clear,the effectiveness of the third party is undetermined and the victim faces difficulties in seeking judicial relief when the interests of conspiracy to commit hypocritical acts are Such problems are more difficult.This article combs and analyses the historical origin and outstanding advantages of the act of conspiracy to express hypocrisy in detail,and then discriminates and elaborates the act of conspiracy to express hypocrisy from its connotation and similar acts.At the same time,it analyses it from the perspective of jurisprudence and law economics,and on this basis,combines with the relevant problems encountered in judicial practice to analyze the reasons,elaborates the judicial dilemma,and finally points out the The author puts forward some suggestions on relevant issues,that is,through legislation and judicature,it is clear that conspiring to show hypocrisy is not applicable to hypocritical marriage,conspiring to show hypocrisy can not confront bona fide third party,and the burden of proof should always be clearly defined in judicial practice,and it is suggested that the inversion of the burden of proof be applied to victims.
Keywords/Search Tags:false meaning representation, Scope of application, Legal effect, burden of proof
PDF Full Text Request
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