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民事法律行为的成立要件,其制度价值在于抽象地识别某一法律行为是否已经存在,以及该法律行为究为此法律行为,抑或彼法律行为,解决的是民事法律行为的内部构成问题。我国现行民事立法关于法律行为特别成立要件的规定,存在诸多失误,有的将特别成立要件规定为特别生效要件,有的将特别生效要件规定为特别成立要件,颇为混乱。建议我国立法机关对相关条文作相应的修正,以利于法律的正确实施。
The legal value of the establishment of civil law system, its value lies in the abstract to identify whether a legal act already exists, and the legal acts for this legal act, or legal action, to solve the internal constitution of civil legal acts. There are many mistakes in the current civil legislation on the special requirements for the establishment of legal acts. Some of them set the special requirements for establishment as the special requirements for entry into force. Some of them set the special requirements for entry into force as elements that are particularly set up. They are quite chaotic. We suggest that the legislature of our country amend the relevant provisions accordingly so as to facilitate the correct implementation of the law.