Research On The Demarcation Line Between Criminal And Civil Fraud

Nowadays,there are many frauds occur in our daily life,and the means of the fraud becomes more and more diverse,which mainly includes criminal and civil fraud. This thesis takes an approach of combining theory with practice,with life case,comparatively analyses the distinction between the criminal and civil fraud by utilizing the existing domestic and international research results.The thesis starts with the definition and feature of criminal and civil fraud,defines and distinguishes the two frauds. Secondly,analyses from the angle of legal philosophy,puts forward the ideas as below:Although the subjective and objective aspects of criminal and civil fraud are similar,but there are also many differences. the form,content and the time of the criminal intent between criminal and civil fraud are different in the subjective aspects. And the content,character,result and accomplishment form are also different in the objective aspects. Thirdly,the emphasis points of the fraud determination are different. The identification of criminal fraud is mainly based on the practical standard,it needs to consider that whether the actor has the purpose of illegal possession and whether there are special conditions,while the identification of civil fraud is mainly based upon the scope and form of the civil fraud. Finally,the identification of responsibility of both frauds should be based on the relevant principle strictly. The identification of the criminal fraud should be strictly based on the principle of legality and proportionality,and the responsibility of the actor is determined through analyzing the accomplish and abortive form,and the amount of fraud as well. Whereas, the identification of civil fraud is mainly according to the principle of proportionality,and the actor's responsibilities is mainly determined through damage compensation and property return.