Civil Liability Of Crime Of Contract Fraud

Crime of contract fraud is a grave cheat act on contract, but a contract cheat in a crime of contract fraud has its own particularity. A contract fraud has two natures: one is criminal fraud and the other is contract cheat. Although a contract fraud can or cannot result in the invalidity of a contract, it always causes such civil liability as breach liability, tort liability, treaty negligence liability and compensation as punishment in a crime of contract fraud. A contractual cheat and a contractual fraud are regulated by different law departments, so civil and criminal liabilities are interwoven in the confirmation procedure of civil liability in a crime of contract fraud. The thesis consists of three parts.Part One The Argumentation of Civil Liability in a Crime of Contract Fraud and Its Constitutive RequirementsThis part mainly discusses the issues of bearing the criminal liability at the same time why bearing the civil liability as well in a crime of contract fraud and the constitutive requirements of civil liability in a crime of contract fraud.The writer thinks that a crime of contract fraud shall bear criminal liability and at the same time the relevant civil liability, which is based on the double nature of a crime of contract fraud, i.e., a crime of contract fraud combines a criminal fraud with a contract fraud, the former is the basis of bearing criminal liability and the latter is the reason why civil liability shall be borne. The nature of a contract cheat is a cheat in legal behavior system, but a cheat act on contract goes beyond necessary limit, aiming at illegally possessing others'property and defrauding others of a large amount of properties by cheating. From the angle of an individual's benefit, ownership is infringed, so civil liability shall be borne. From the angle of the country, social economic order is destroyed, so criminal liability shall be borne accordingly.There are similarities and differences at the same time between a contract fraud and a contract cheat. The particularity of a contract cheat in a crime of contract fraud lies: the subjective intent is out of direct intent, aiming at illegally possessing others'properties and resulting in a loss of a large amount of properties of the opposing party, the subject matter is property, except intangible property or rights concerning property.The writer thinks that doctrine of liability fixation of civil liability in a crime of contract fraud ,a contract cheat in a crime of contract fraud is actual intention, so doctrine of liability fixation of civil liability in a crime of contract fraud is limited to doctrine of liability for wrongs. But for breach liability, it is doctrine of no-fault liability. About the constitutive requirements of civil liability in a crime of contract fraud ,the writer things that it includes the doer of a contract fraud is wrong subjectively; the doer of a contract fraud did a fraud act on a contract; the action of the doer of a contract fraud results in a damage; a fraud act on a contract and damage result has the relation of cause and effect.Part Two A Common Type of Civil Liability in a Crime of Contract FraudThis part mainly discusses civil liability resulting from the invalidity of a contract in a crime of contract fraud, breach liability, tort liability, treaty negligence liability and compensation as punishment in a crime of contract fraud. The writer thinks that invalidity of a contract is not a civil liability,but civil liability results from invalidity of a contract in a crime of contract fraud.First, a crime of contract fraud touches the validity of the contract. The writer deems that China's Criminal Law only solves the problems of criminal liability of behavior and the validity of a contract shall be solved in line with civil law. The validity of a contract in a crime of contract fraud depends on the right of choice of the obligee. If the obligee chooses the invalidity of the contract, mainly the liability of returning properties is produced. If the obligee chooses the validity of the contract, breach liability and tort liability will be produced and the obligee has the right of choice of breach liability and tort liability. The direct material damage of the victim of a crime of contract fraud is the relative expense for making and fulfilling the contract, also including the loss of the damage of the properties caused by the fraud doer after the victim's properties are delivered to the fraud doer. The victim can institute criminal collateral civil proceedings. For benefit in expectancy, it is indirect loss, the victim can institute civil proceedings additionally. A crime of contract fraud also can result in civil liability of property return.Other, a crime of contract fraud touches treaty negligence liability. For this issue, the writer first briefly argues about the constitution of the crime of contract fraud of treaty negligence liability:During the process of a contract being made, or the contract has been made, but it is confirmed as invalid or cancelled because it is not in conformity with legal effective previous contract duties. The damage of the deceived's trust benefit results from what the doer of contract fraud did, which is against previous contract duties. The treaty doer is wrong subjectively. The direct loss resulting from a fraud of the contract such as treaty expense, the expense for preparing for fulfilling the treaty and the lost interest from the above-mentioned expenses paid, which can be solved by instituting criminal collateral civil proceedings. For the indirect loss incurred on the deceived, such as the indirect loss resulting from losing a chance to sign a contract with a third person, the victim can institute civil proceeding to a civil court. For the personal injury of treaty negligence liability in a contract fraud, the victim can only institute civil proceeding to a civil court, but it cannot be solved in criminal collateral civil proceeding.And more, a crime of contract fraud touches is the issue of compensation as punishment. Referring to China's Contract Law, Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers and other relevant judicial interpretation, the writer comes to a conclusion that constitutive requirements of compensation as punishment are a loss incurred by the plaintiff; the defendant has been ordered to bear liability of compensation as punishment;stipulated in explicit terms. On the basis of the analysis of constitutive requirements of compensation as punishment, the writer holds such an idea that the system of compensation as punishment is totally applicable for a crime of contract fraud, which can only be solved by additionally instituting collateral civil proceedings. Only consumers have the right to institute a petition of compensation as punishment in a crime of contract fraud. Compensation as punishment is the compensation which one times the direct loss. Compensation as punishment is not applicable for the indirect loss in a crime of contract fraud.Part Three Confirmation Process of Civil Liability in a Crime of Contract Fraud and Dealing with Special CasesThis part mainly solves special types of problems in civil liability of a crime of contract fraud and the confirmation process of civil liability of a crime of contract fraud. A crime of contract fraud infringes criminal law relation and civil law relation at the same time, so there is an overlapping when dealing with criminal liability and civil liability. In line with the judicial interpretation of Some Regulations of Suspicion of Economic Delict When Hearing Economic Dissension Cases of Some Regulations when Hearing Disputes Case of Deposit Receipt, the confirmation process of civil liability in a crime of contract fraud mainly includes instituting criminal collateral civil proceedings, instituting civil proceedings additionally and"first criminal, secondly civil". There are some special cases, such as preparatory form, abortive form, unit crime and agency liability in a crime of contract fraud, here civil liability is different as well.