Research On The Overlapping Of Criminal And Civil Law Issues In The Contract Fraud

In the judicial practice, contract fraud cases and contractual civil violations casesare often be confused, there are many disputes existed in these cases’s legalresponsibility cognizance and procedure resolution. The study of the overlapping ofcriminal and civil law issues in the contract fraud will be helpful in the judicialcognizance of crime or non-crime of contract fraud, and provide theoreticalfoundation to these cases legal responsibility cognizance.This thesis tries to combinecriminal law and civil law’s basic regulation, substantive law and procedural law’sfundamental theory, contact with specific cases in the judicial practice, analyze thedifferent types of the overlapping civil and criminal law cases concerning withcontract fraud. This thesis can be divided into three chapters.Chapter one analyze the different type of the overlapping civil and criminal lawcases concerning with contract fraud. A typological analysis to the overlapping civiland criminal law cases concerning with contract fraud may help us grasp thecharacteristics of different types of cases accurately, and will lay the foundations forlegal responsibility cognizance and procedure resolution. This thesis take legal factsas standard, divide overlapping civil and criminal law cases concerning with contractfraud into competitive and implicated categories. The former can be further divideinto competing from the law and from judgment. The latter can be further divide intointernal implicated and external implicated categories. Chapter two analyze the judicial cognizance of the overlapping civil and criminallaw cases concerning with contract fraud. The judicial cognizance of the overlappingcivil and criminal law cases should be adhered to the principle of the modesty ofcriminal law and the pre-analysis of the civil law. Overlapping civil and criminal lawcases competing from the law, the contract is not certainly invalid due to the fraudbehavior of one party, the contract is voidable. Overlapping civil and criminal lawcases competing from the judgment, the constitutive requirements of contract fraudare the only standard in the judgment of crime or non-crime of contract fraud action.Internal implicated overlapping civil and criminal law cases, the internal member orthe person who has apparent agency relations with the unit constitute contract fraud,the unit should bear civil liability, where are not in contradiction. External implicatedoverlapping civil and criminal law cases, guarantor can become the accomplice incontract fraud.Chapter there analyze the procedure resolution problem of the overlapping civiland criminal law cases concerning with contract fraud. According to the different typeof the overlapping civil and criminal law cases, the competitive cases should obey thePrinciple of “criminal cases priority to civil cases”, the implicated cases should obeythe principle of “criminal cases parallel with civil cases”, and we should constructedthe criminal pursue restitution and civil liability coordinated handling mechanism atthe same time. The adjudged force of effective contract fraud criminal judgmentbetween guilt verdict and not guilty verdict are different. The civil judgment have noadjudged force of effective in criminal procedure. When the criminal judgment andthe civil judgment conflicts, and the civil judgment are obviously wrong, we canrepeal the civil judgment by supervision procedure.