Discussion On The Applicable Law Of Conspiracy Hypocrisy

Article 146 of the General Principles of Civil Law provides for the first time the hypocrisy of conspiracy.The four elements of conspiracy hypocrisy emphasize that the perpetrator and the opposite person deliberately separate the inner meaning from the external representation in a completely free state.Among them,"conspiracy" requires a positive communication between the actors."Knowledge" does not require the actor and the relative to know the nature and content of the hidden behavior,but rather that the two parties are inconsistent with the internal meaning and the external representation.Conspiracy hypocrisy means that it is different from "malicious collusion" and "covering illegal purposes in a legal form" on the basis of the constituent elements and their legal principles.The former is based on respecting the autonomy of the parties,so as not to damage the interests or illegal purposes of the third party;the latter is necessary to damage the interests or illegal purposes of the third party,reflecting more national coercive power..The scope of application of conspiracy hypocrisy shall be determined on a case-by-case basis.The single-method behavior of a relative person may not be applicable because it does not satisfy the basic components of the hypothetical hypothesis;how to apply the common behavior is how to apply Grasping which party’s interests are more worthy of protection,and making corresponding judgments;for identity behavior,because China’s marriage is effective,it is the only form of marriage registration,and considering the complexity of marriage behavior,and The social life order has a great influence.It is considered that the conspiracy of conspiracy is not suitable for marriage behavior.For the field of commercial law(especially the bill law),the civil law pays more attention to the behavior of the perpetrator,while the bill law pays more attention to the bill behavior itself.Therefore,the hypocrisy of conspiracy does not apply to the field of commercial law.The effectiveness of the hypocritical representation should be considered relatively ineffective,and the theoretical basis for its effectiveness judgment is to take into account the party’s autonomy and the goodwill and transaction security of the bona fide third party.This kind of relative invalidity is manifested in internal invalidity between the parties,reflecting the autonomy of respecting the parties;in order to protect the reliant interests and transaction security of the bona fide third party,the external effect between the parties and the bona fide third party is mainly reflected in the ineffectiveness.Fight against goodwill third parties.The rules of confrontation to protect the interests of bona fide third parties are different from the system of good faith acquisition under the Property Law.The latter has a small scope of application.When the system of good faith acquisition is not applicable,the rules of confrontation are particularly important.In applying the relevant provisions of the General Principles of the Civil Law,it is necessary to adhere to the legal acts and the meaning of the theoretical system integrity,and expand the interpretation of Article146,paragraph 1,in order to adapt to the development trend of modern civil law to protect the interests of trust.