Discussion On Conspire Hypocritical Act

Before the "General Principles of Civil Law" was promulgated,there was no corresponding legal basis for regulating such acts in practice,which caused confusion in the application of the law.Some courts confuse it with "malicious collusion",but the legal basis of the two is not the same.Our country mainly adopts the German Panktung method to make legislation,but there is a lack of understanding of its essential connotation,so that in the specific process of practice,such as whether it is applicable to commercial behavior,how to treat goodwill third The protection of people,how to deal with the lack of relevant regulations and guidance when there is cross-competition with similar systems.Aiming at many problems,this article wants to proceed from the difficulties,hoping to make a small contribution to better enrich its true spirit.First,malicious collusion has crossed its borders and extended to the range protected by the conspiracy hypocrisy.The key to handling the difficulty is to clarify the problem of malicious collusion.The choice of solving the problem will have a great deal of reason for the cross-difficulty of invalid reasons.influences.There are two ways to deal with the problems between the two.The first is that the parties can choose one of the "option theory".The option theory cannot fundamentally solve the problem of competition and cooperation.The effect of malicious collusion should be based on "harming the law of others" "Equity" as a starting point to limit the application methods mainly includes the following two,one is to limit it to the act of acting,the colleague and the agent collude,maliciously damage the legal rights of the agent;in addition;One is that the parties colluded with each other to maliciously damage the legal rights of others.In the doubt that “the effectiveness of a bona fide third party should be regulated after the conspiracy to deny it is invalid”,the law-making personnel made amendments to the part of the deputy in the process of making the law,so that the issue of the bona fide third party As for the effectiveness of "complicit hypocrisy",some scholars believe that the third party should be kept "absolutely invalid",and some scholars believe that the third party should be "relatively invalid".The German civil law adopts a system of conspiracy to express "absolute invalidity",while the Japanese civil law and the Taiwan of China civil law adopt a relatively invalid system.Prior to the provisions of the General Provisions of the Civil Law,according to the provisions of the Property Law and the Creditor’s Rights Law,the "relatively invalid" view was adopted for bona fide third parties.Then,with regard to the protection of bona fide third parties,under the provisions of the Property Law,the system of acquisition in good faith can be applied,so that the interests of the third parties can be well protected,but there is no information on the bona fide third parties The law stipulates that it is a wise decision not to formulate a confrontation system in China.This is because it is difficult to adopt formalist changes in property rights and the rules of confrontation.For the protection of bona fide third parties in the field of meaningism,you can refer to the "Germany The decentralized approach stipulated in the Civil Code revises the legal level of the system to maintain those claims that only have the"right to protect appearance".In the field of meaningism,the greater application value of the confrontation rules,from the perspective of protecting rights and interests,in conspiracy to false legal acts,the protection of rights and interests is more inclined to a bona fide third party,rather than a damaged third party.The sacrifice of personal interests is caused by goodwill protection,so be careful to use goodwill third-party protection.It is the correct way to delete the Dan.Regarding the issue of "complexity of hypocrisy’s effect on bona fide third parties",it should be specified in the Civil Code sub-rules.