The Civil Contract Fraud

In the modern economic life, the contract is closely linked with people's life. But with the gradual establishment and development of market economy system in our country, people's thought and moral concept faces new change and recombination and the credit crisis is outstanding day by day. Utilizing contract to swindle is becoming more and more common and turns into one aspect that is not harmonious in socialistic market economy.Centering on civil contract swindle, this article will use the method of analyzing history and comparison study to profoundly expatiate and analyze the four aspects of civil contract fraud, referring to foreign correlative viewpoints and domestic latest study production about civil fraud and combining relative cases of Contract Law .And on this basis, it discusses the problem of punitive compensation in civil contract fraud in order to cause the attention and recognition of the specialists on law and the judicial officers to civil contract fraud and so as to promote the healthy development of our socialistic market.This article consists of four major parts altogether.The First Part: Meaning of the civil contract fraud. Due to the different trajectory of historical development,there are different meanings on fraud in countries around the world.In our country, the civil contract fraud means fraud actors conceal a important fact related to a bargain or offer s false situation and make the other side make wrong understanding so as to settle a bargain on purpose.Considerating different angles, the civil contract fraud have different classification. The civil contract fraud is different from false declaration of a unilateral act, Tort Law on fraud and contractual fraud crime.The Second Part: Important constituent elements causing civil contractual fraud. There are variety opinions about it in different countries in the world.In our country , the important constituent elements causing that the civil contract fraud includes four points: First, swindler make swindle on purpose. Second, swindled people sink into mistake for the sake of relative fraud made by actor swindler. Third, swindled people implemented the fraud objectively.Fourth, swindled people make the meaning based on the wrong judgement.The Third Part: the legal effect of the civil contract fraud. At present, many countries in the world stipulate the civil fraud as juristic act that can be cancelled. But article 58th of" general rule of the civil law"of our country regards it as one terms of invalid civil behavior, which has produced some negative consequence. New"Contract Law"has regulated frauded party have the right to be asked for altering or canceling the contract.If it damages the national interests, the contract was invalid. But there are provisions of this legislation on the deficiencies .In practice ,it is often difficult to operate.The Fourth Part: The civil liability for contract fraud.In accordance with different forms of contract fraud in the judicial practice and variety manners of legal regulation, this article analyzes the corresponding legal responsibility, including the contracting fault liability,injured pays and the co-opitition between contractual liability and tort liability.