On Tort Civil Responsibility Of Fraud

The theory of the civil tort responsibility about fraud behavior stems from the concept of "private infraction" in Rome law . During the development of the theory of the civil tort responsibility about fraud behavior, the theory of a treaty responsibility for fault has exerted a far-reaching influence.In legislations at home and abroad , and in scholar's argumentation to frauding, their key contents all refer to: Cheating others on purpose , make the other side make the behavior of wrong meaning. There are many different theories about the composition important documents of fraudulence . Among these theories, what is in the dispute is that if violating sincerity is the inherent demand of fraud. Because noone has the absolute freedom , violating sincerity is the inherent demand of fraud. Combining the intension of the fraud and tort, the fraud tort refers to the action that the actor cheats others maliciously, making others fall into mistake and show, resulting in harm, and should bear the legal consequence in accordance with the law.The fraud tort demonstrates the relatively special characteristic with the general tort. Here subjectively, the actor can only be on purpose subjectively, and can only be the evil intention; objectively , the fraud tort infringes the victim's free right of will at first, and what the victim suffers is mostly harms on property. Similar with the general tort, the fraud tort is made up of four key elements: the tort action, the damage fact, causality between the tort action and the damage fact, and on purpose to form.According to the difference of connotation, the fraud tort can be divided into genuses: general fraud tort and special fraud tort. The victim enjoy double request right on the same content, forming the concurrence of right to petition. We think, acknowledging the concurrence of right to petition is favorable to the protection of party's legitimate rights and interests, and should be given the affirmation. Our country's legislates of the concurrence of right to petition are not very clear, and should be given perfectly .The liability form for the fraud tort is mainly compensation for damage and returns the property. We think, in the sanction of the fraud tort, it is necessary to introduce the compensation system of punishing nature.