Research On The Rules Of Conspiracy Hypocritical Act

Article 146 of the "Civil Code of the People’s Republic of China "is the rules about conspiracy hypocritical act,in which the conspiracy hypocritical act between the parties are determined to be invalid,which improves our country’s regulations on defects in expressions of intention.However,since my country’s regulations on conspiracy hypocritical act rules are only a simple legal norm in Article 146 of the Civil Code,the regulations on conspiracy hypocritical act rules are relatively simple and broad.Although there are many studies on conspiracy hypocritical act in our country,scholars have not fully reached a consensus on the research of conspiracy hypocritical act.There are also different opinions on the application of conspiracy hypocritical act,which causes some difficulties in its application.Therefore,this article explains the rules of conspiracy hypocritical act stipulated in our country,combined with the problems in judicial practice,and puts forward corresponding suggestions for perfecting the rules of conspiracy hypocritical act in our country.This article is divided into five parts.The first chapter is mainly an overview of the conspiracy hypocritical act rules,expounding the concept of conspiracy hypocritical act,its constituent elements and the dilemma of the conspiracy hypocritical act in the application of the law.The second chapter discusses the scope of application of the conspiracy hypocritical act rule,clarifying that the conspiracy hypocritical act rule can be applied to the field of creditor’s rights and property rights,and can also be applied to the establishment of associations,but not to the identity behavior.Chapter Three discusses the establishment of conspiracy hypocritical act that are invalid and must not confront bona fide third parties under the rules of conspiracy hypocritical act,and clarifies the criteria for identifying bona fide third parties and the scope of application of the rules of non-confrontation.The fourth chapter analyzes how the rules of conspiracy hypocritical act and malicious collusion rules and the rules of defrauding creditor’s rights should be connected and coordinated.When the conspiracy hypocritical act rules and malicious collusion rules are in conflict,they can be applied separately or at the same time.Hypocrisy means that the rules cannot be deemed invalid and revocable in the case of a conflict with the rules of credit fraud.Chapter 5 proposes corresponding suggestions to improve my country’s conspiracy hypocritical act rules.At the legal interpretation level,the scope of application of conspiracy hypocritical act rules should be accurately defined,false expressions must be invalid and not against bona fide third parties,clear conspiracy hypocritical act rules and malicious collusion rules,The relationship between the rules of defrauding creditor’s rights.