| With the gradual development of capitalism,people’s economic activities are more frequent,and the relationship between people is closer.In the process of communication,it is normal to express the same behavior and inner meaning,but mistakes are inevitable.As the saying goes,"law is the regulator of society".Law originates from social development and should serve social development consciously.This requires that there should be a corresponding system in law that can make up for the mistakes of the parties concerned and safeguard the legitimate rights and interests of the opposite party.The purpose of this system is to find a way between protecting the true intention of the parties and the security and stability of civil transactions This system originated in the period of ancient Roman law,grew up in the period of modern natural law,and finally was established in the German civil code.It effectively protected the legitimate rights and interests of the parties,and was gradually adopted by the continental and British and American law countries There are corresponding provisions on the system of expression of will error.However,it is a pity that after the complete book of six laws in the period of Kuomintang was abolished,due to historical and other reasons,China followed the laws and regulations of the former Soviet Union in law,resulting in the concept that there is no intention to express mistakes in the civil law of our country today,instead,it follows the major misunderstanding system of the Soviet Union.Although our country’s current major misunderstanding system has some specific provisions similar to those in the foreign countries’ error system,there are still many defects.For example,the names of major misunderstandings in China are not consistent with the common mistakes in the expression of will in the civil law system,which will easily lead to unnecessary misunderstanding;the types of errors in the expression of will are not comprehensive;there are no special provisions on the problems of motivation errors and subjective behavior foundation obstacles;the lack of specific conditions for the application of specific differences in the right to rescind the declaration of will The deficiency not only causes some confusion in the research of legal theory,but also causes the problems such as "different judgments in the same case" in judicial trial,which affect the authority and credibility of judicial trial in China to a certain extent.Therefore,it is necessary to study the wrong system of foreign declaration of will and provide help for the improvement of China’s major misunderstanding system.Under this background,this paper comprehensively adopts the methods of analysis and comparison,induction and legal history research to introduce the error of declaration of will of foreign countries and the system of major misunderstanding in China.At the same time,through the systematic analysis of foreign countries such as the civil code of Germany and Japan and the "Civil Code" of Chinese Taiwan,we can extract the existence of the system of major misunderstanding in China For example,China’s legislation should correct the name of the mistake,refine the specific types of the application of the error,add the subjective behavior obstacles and other special circumstances,modify the right of revocation of the declaration of will error,and improve the corresponding relief system.Some of these opinions are put forward on the basis of reading the works and papers of senior scholars,and some of them also integrate some of their own ideas.Although there are still some shortcomings,we still hope that through this paper,we can better improve the system of major misunderstanding in China,better realize the ultimate goal of law serving the society,better protect the true intention of the parties and the legitimate rights and interests of the opposite party,and promote the promotion Better and faster economic and social development. |
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