古典意思表示概念把意思放在核心位置。19世紀末期以來,意思的地位逐步下降。繼效果意思之后,表示意識也被通說排除在意思表示構成要件之外。行為意思否定說盡管目前還只是少數說,但在結論上值得贊同。意思表示的構成歸根結底是表示意義的歸責問題。欠缺行為意思和表示意識時,如果表意人有過失,仍可以成立意思表示。但這只是表示意義的初步歸責。如果意思表示發生終局性效力,則是表示意義的最終歸責。此時,所發生的法律效果仍然是意定的,因為意定性應當理解為依表意符號的效果意義而不是依表意人的真實意思或依法律規則決定法律行為的具體效果。意思表示在本質上是具備特定效果意義的表示。效果意義與效果意思可能重合,也可能相悖。重合與否,只影響效果意義的最終歸責。

Will was regarded as the core of classical concept of declaration of will.However,since the end of the 19 th century,the status of will has gradually declined.Following the way of effect will,declaration consciousness has been excluded by the majority from constitutive elements of declaration of will.The negative doctrine of behaviour will is currently advocated only by the minority,but its conclusion deserves approval.The constitution of a declaration of will is-concerned essentially with imputation of the meaning of declaration.With the negligence on the part of declarer,a declaration of will can also be established,even in the lack of behaviour will and declaration consciousness.However,this is just a preliminary imputation of the meaning of declaration.Only when a declaration of will acquires definitive effect,the final imputation of the meaning of declaration will take place.The legal effect on that occasion is still regulated by the parties.That is to say,the exact effect of a legal act is determined neither by the real will of the parties nor by legal regulations,but by the meaning concerning effect of the declaration.In essence,declaration of will is a declaration with definite meaning concerning effect.This meaning might coincide with or conflict with the effect will.Whether coinciding or not,would only have influence on the final imputation of the meaning concerning effect.