Discussion Of The Construction Of China Anti-fraud System

Fraud is a behavior that one party tells the other party false situation or disguises a fact deliberately, thus entraps the other party into wrong expression of intention. With the further development of economic activities, the form and category of fraud are getting more and more complicated and obscure. Fraud did a lot of harm to politics and economics development. It prejudiced the legal rights and interests of the subject of right, restricted the normal operation of the national economy, deteriorated the prestige of the Party and the government, and retarded the construction progress of harmonious society. At present, although China has some regulations to punish frauds in some fields, it cannot stop the overspread of fraud effectively. The problem is that China still lacks a strong and effective anti-fraud system.First, the thesis clarifies the legal definition and constitutive requisites of fraud. After the comparison of the history of fraud and anti-fraud in China and other countries, the thesis raises the point that it is essential and possible to take reference to other anti-fraud systems and to build up a new one for our own country.Secondly, the thesis further analyzes different manifestation of fraud in different business fields, such as security, contract, limited liability, bankrupt, accounting, etc. It also reveals the limitation of some active laws in the following aspects: value, legislation principles, legal definition, the nature of civil liability, and means of assuming liabilities. At the same time, the thesis gives out legislative solution and suggestion accordingly.Last, the thesis gives out several solutions to perfect the anti-fraud system: From the perspective of legislation, the thesis suggests that we should perfect civil liability system, improve the cost of fraud, revise the constitutive requisite, define fraud in the civil code, and make anti-fraud law. Besides, the thesis suggests that we should strengthen the enforcement, give the procurator's offices the power to bring a suit in court for public benefit, and set up anti-fraud committee. Finally, the thesis suggests that we should build up credit image for the government, perfect national credit management system, and educate citizen with virtue-based belief.