On The Study Of The Intersection Between The Criminal And Civil Act In The Crime Of Fraud

In practice of law, when facing criminal cases concerning fraud and civil cases related to fraud activities, the intersections of the crime and civil acts take place from time to time. In consideration of the lack of sound and explicit law as well as explainations about how to deal with these intersections, and in light of the fact that the research up to now merely refers to the procedures, it is necessary to conduct a systematic study.This thesis focus on the intersection between the criminal and civil matters in the crime of fraud and divides it into two cateories-intersection resulted from the overlapping of the criminal and civil matters, and that resulted from the connection of the crime and a civil matters.The overlapping can be further separated as overlapping arised from stipulations of the law and that from judgement. However while the former indicates that a single act constitutes the crime of fraud and coincidentally amouts to a tort, the latter happens because there is a transition between the civil fraud and criminal fraud thus subsequently there would be divarications about particular act.As to the connection contributing to the intersection between criminal and civil matters, it includes the inner and the outer connection. While the inner results from the victim's act, separating the victim from the deceived, and bases itself on either clientage of private law or public law, the outer results from the act of the fraud, which compels the victim to claim for the civil compensation from the third party. It can be devided as the secured outer connection and the deputized outer connection.This thesis, on the basis of legal responsibility, classifies the civil and crimial responsiblities involveded in the crime of fraud. Then the thesis annalyzes each kind respectively and thoroughly. It not only analyzes the interaction of the criminal and civil liabilities in the insection, but also the dynamic transform of the two kinds liabilities.Relied upon the above analysis, this thesis sequently points out that in case of release from the obligation by fraud, or refusal to restore, or refusal to carry out the effective verdict, the civil liability can be changed to double responsibility-both the civil and criminal.In the event of death of the criminal or lacking juristic act ability, the double responsibilities can be also changed to solely civil liability.As to the criminal and civil responsibilities in the intersection resulted from the connection of the two kinds acts, this thesis specifies that in the inner connection when the one who commits the fraud fails to bear the civil liability, the victim and the one who is deceived is obligated to bear the civil liability in line with their respective fault. In case of the secured connection, the performance of the secured obligation, in principle would not affect the conviction of a crime. If the one who commits the fraud fails, the victim and the one who offers the security bears the liability. In case of the deputized outer connection, the shoulder of the responsibilty by the one who is deputized by others would also not affect the conviction of a crime, though it would affect sentence. Principlly he shall still be obligated to bear the civil responsibility.In addition, this thesis analyzes the influence of the criminal and civil time limit upon the responsibilities in the crime of fraud.At the end, the theise emphasizes on the procedure issues. According to the different intersections resulted from the overlapping or connection of the crime and civil act, it focus on the problems emerged in the procedure dealing with conflicts of case transfer and prblems occured in the remedy procedure. Through comparision, the thesis puts forward the following strategies:1. Introduce the scientific therory so as to apply the principle of the preferential of criminal limitation correctly 2. Improve the procedure dealing with the conflict of the case transfer3. Sound the criminal procedure to get back the stolen goods4. Perfect the system of criminal affixed by civil procedure...