On The Civil Law Effect Of The Overlapping Civil And Criminal Cases With Respect To Contractual Fraud In Civil Law Perspective

The issue in the Overlapping Civil and Criminal Cases lies in the theory boundaries between civil law and criminal law, however, it has double research value in the practical and theoretical perspectives. Actually, the purpose to study legal issues with respect to Overlapping Civil and Criminal Cases is to meet the urgent requirement from judicial practice, because there are not clear and definite laws and judicial interpretations which can be applied to the Overlapping Civil and Criminal Cases, which causes the confusion on legal application and conflicts among civil and criminal judgments. Therefore, in order to solve the puzzle with regard to the Overlapping Civil and Criminal Cases from the judicial practice and balance the conflicts at legal operational level, this thesis is trying to systematically analyze the civil law effect regarding to the Overlapping Civil and Criminal Cases in the civil law perspective, using the research method of Genre Analysis and choosing the angle of the relationship between civil law and criminal law, which is different from the previous study focusing on the discussion about the legal procedure of the Overlapping Civil and Criminal Cases .To guarantee that the study content is not vague and empty, this thesis mainly focuses on the Overlapping Civil and Criminal Cases with respect to Contractual Fraud, which are especially complicated and appear frequently in the judicial practice, expecting that this study result can be generally applied to other types of Overlapping Civil and Criminal Cases. Therefore, firstly, this thesis concludes the distinctive characters and identifies the inner structure of the Overlapping Civil and Criminal Cases with respect to Contractual Fraud, and searches for the common path to analyze the Overlapping Civil and Criminal Cases with respect to Contractual Fraud. Secondly, this thesis makes classification about the Overlapping Civil and Criminal Cases with respect to Contractual Fraud with legal facts as standard, and on the basis of the classification further discusses the validity of the contract signed in the Contractual Fraud and the issue that whether agency by estoppels can be applied in this case. At last, after clarifying the civil legal relationship in the Overlapping Civil and Criminal Cases with respect to Contractual Fraud, this thesis analyzes specifically the civil liabilities involving in the Overlapping Civil and Criminal Cases with respect to Contractual Fraud, searching for the fair way to assume the civil liabilities among the relevant civil subjects.