Explorationofcivilmaliciouscollusion-畢業(yè)論文翻譯

1、Explorati on of civil malicious collusi onA foreig n maliciouscollusi onResearch is gen erallybelievedthat the maliciouscollusi on con tractis theoriginalsystem of our law in the Anglo-American legalsystem is not the corresp onding maliciouscollusi oncon tract system in Chi na related to the con cep

2、t of civil law coun triesthe law nor malicious collusi on con tract thedescripti on, only a relatively similar con spires hypocrisy to cover up the illegal purpose of the con cept of legitimate form of malicious collusi on con tract system, but also there is a clear differe nee.In the United States,

3、 Conspiratorshypocrisy,said there its clear definition,is refers to the tablemeaning people with relatively people throughseek ingrather hypocritical meaning represe ntati on. Example, the debtor For exempt property mortgage relative through seek ing manu facturi ng betrayed its finan cial status of

4、 the differe nee betwee n theeffective nessof maliciouscollusi onwith China, illusi on. con spires hypocrisy theAmerica njurist Tan glabeike (2008“ the ideographic ipeople with relative con spires while misreprese nts said byits inten ti on in valid. but not in in valid a bona fide third party. “It

5、can see the hypocrisy in dicates the prese nee of both parties deliberatelycon spirescon spireswithmalicious collusi on similarities, but the two are not exactly the same. con spires hypocrisy incon siste nt with the true inten ti ons of the parties, there is both deliberate inten ti on incon siste

6、ntbehavior of maliciouscollusi oncollusivebehavior by the two sides can not n ecessarily meant and said incon siste ncies. con spires hypocrisy in valid is based on the doctrine of meaning considerations, namely its in valid due to the parties lack real effect mean, maliciouscollusi oncon tractis in

7、 valid,refers to the the con tractdamagethe in terests ofothers,thepurposeof thecon tractwith illegality.maliciouscollusi onbehaviorshouldexhibit malicious,thatwillfulacteleme ntscon spires hypocrisy, said the parties do not n ecessarily have to harm others deliberately to harm a third pers on.Ameri

8、can jurist Lake in New Delhi in 2008, published an article, the author discusses the legitimate acts con ceal illegitimate purposes, the con tract, the parties to the act is legal from a formal point of view, thepurposeandcontent is illegal, thisbehaviorintheindustryandis known as the occultbehavior

9、intheprocess of impleme ntati on of this behavior, the behavior of the parties inten ti on ally or deliberately expressed in the form, and does not aim to achieve con siste nt performa nee, not its true inner mea ning only hope to con ceal the truepurpose (of this form andbehavior,andreacheditsuni a

10、wfulpurpose. example,throughtheformsofcooperati onin disguise totran sfer allocatedlanduserights and legitimate trad ing behavior of misprisi on of real property, escape can be seen, although legitimate acts con ceal illegal The purpose of the con tract and the parties to the con tract malicious col

11、lusi on has Con spirators deliberate and have illegal purpose, but there is still a significantdiffereneebetweenthe two. First, legitimateacts con ceal the illegal purpose of the con tract,despitethe illegal purpose, but its legitimacy from a formal point of view it is a legal con tract,and maliciou

12、scollusi oncon tract is not n ecessarily a legal form, and sometimes it can be said that from a formal point of view it is also illegal.Secondly, legitimate acts conceal the illegal purpose ofthecon tract,man ifested inten ti onaga in,maliciouscollusi on con tracts gen erally require the parties to

13、harm others does not match with the real intention of the partiesbel ongsinten ti ondeliberatelyincon siste nt,maliciouscollusi oncon tractin here ntmeaningrepresentation inconsistent, may the parties and are con siste nt to harm others. the inten tio nal, illegal forms of legitimate acts con ceal t

14、he purpose of the uni awful purpose con tract not limited to harm others, there may be only in order to circumve nt the man datory provisi ons of the law.Second, the domestic malicious collusi on Research <&It;General Principles of the Civil Law>>the provisionsof Article 58: The following c

15、ivillegal act is in valid: . (4 malicious collusi on, the damage to the state, the collective, or a thirdperson.“ 61 (2)provides:“ The two sides malicious collusi on to harm thestate, the collective, or a third pers on in a civil act shall be recovered and the two sides made the property be turned o

16、ver to the state, the collective, or the return of a third person. ”Supreme People s Court on the impleme ntatio n & It ;&It; Opi nions on Several Issues of theGeneralPrinciples of the Civil Law of the People sRepublic of Chi na & gt ;& gt;仃rial # 74:“Ge neral Prin ciplesof the Civil Law Article 61,

17、 paragraph 2,” the two sides made property “ shall in clude the parties has bee n made and agreed upon the acquired property.” should belongto the scope of the law content, posted in the free papers Downl oad Cen ter .comfor the con cept of malicious collusi on and without too much controversy.Profe

18、ssor Guo Mingrui that maliciouscollusi on con tract is a con tract behavior inten ti onal illegal collusi on to damage the legitimate rights and in terests of others. Professor Jia ng Ping at the the < ;&It; China Law >>(China University of PoliticalScienee and LawPress, 2000 editionthat the

19、 malicious collusionto harmthe state, collectives or the interests of a third party con tract, the perpetrator both sides for the purpose, to the detrime nt of the state, the collective, or the in terests of a third party to obta in illegitimate in terests collude with each other, made prejudicial t

20、o the state, the collective or the in terestsof a third party con tract.Professor WangLimi ng& It ;&It;Con tract Law (vol. & gt; >(Chi nesePeople s UniversityPress, 2001 that the maliciouscollusi on con tract so that the parties con spired to illegally collude to joi ntly en ter into mutually ben

21、 eficial to certa in con tracts,the collective con tract of damage to theinterests of the countryor a third person. Guo MingruiFuda n Un iversity Press, 2003 & gt; > & It ;&It;Con tractLaw (malicious collusi on con tracts in clude both subjective and objective factors. the subjective aspects part

22、ies with malicious, and that the parties intent to harm the state, the collective or in dividual. objective aspect, first objective behavior of the parties can express their subjective state of mind, that is illegal collusi on. collusi on parties con spires, illegal parties this con spires notpermit

23、ted bylaw,followed by this con tract causedby the state, thecollective or in dividualin terestsare harmed. objectivecon seque nces.Malicious collusi on of then atureof thecon tracts,Professor Wang Jiafu 1993 forward to the the<<Chinese Civil Law Civil Law claims >>through Law Publish ing

24、House, the bookprese ntedmaliciouscollusion,accordingto China s law, thecon tract is in valid kind of con tract in validcon tractbecause of its illegality, so do not bel ong to the con tract the scope of the con tract is a legitimate act, no con tract has been able to produce legal effects expected

25、by the parties, is in valid because it is con siste nt with the effective elementsof the law, rather than comply with the lawcon tract,not only shouldnotbe subject to legalprotection and recognition, and deal with illegal timely impleme ntati onof stri ngentsan cti ons, so maliciouscollusi onsimply

26、the n ature of the con tract is not acon tract,because it is in valid con tract but Yang Lix indoubts << civil trial issues>> (Jilin People sPublishi ng House in 1992 that the law malicious collusi oncon tract is in valid con tract,but in valid con tractiscomplete in the form of parties

27、desirable from another point of view, the parties offercon sultati onsandcommitme nt to the developme nt process, their rights and obligations,have reached an agreement,irrespective ofthe effective eleme nts of the con tract or not, those who are already established in the con tract should bel ong t

28、o the scope of the con tract.Yin Tian sig ni fica ntly,<<civil legal acts with Agent Research (Ch ongqing Uni versityPress, 1993 n ull and void the con tract is not in the n atureof thecon tract,butmerelyaseparatecategoryheadvocated civillegalact isveryspecificcon cept,it isconfinedto the legi

29、timatecivilcon ductillegalcivilcon ductshouldbein validcivilbehavior,the & It ;&It;Gen eral Prin ciples of the Civil Law in China > > using the con cept of the traditi onal civil law, civil law behavior, but aba ndoned the traditi onal defi niti on of“ in valid legalact ”，indicating that the civil behavior including the illegal and legal behavior, a fun dame ntaldisti ncti onbetwee nillegal and legitimate civil behavior,improveme ntanddevelopment of the system of civil legal acts by