The Crime Of Contract Fraud Involving Civil Contract

The problem that people cross the current criminal civil law, criminal law theory fringe of the right people to solve criminal cases cross has important theoretical and practical significance. Judicial practice, the crime of contract fraud cases typically include both criminal legal relations, but also includes civil legal relations, a variety of complex legal relationships are intertwined, but did not explicitly clear enough legal, judicial and even judicial precedents to guide interpretation and application, thus leading to contract fraud in a civil contract recognized in the law applicable to the effectiveness of conflict and confusion.Current theory and practice of contract fraud civil contract recognized the effectiveness of view, there are "invalid views"," revocable views"," compromise views" and " View not found" and these four views on the effectiveness of the civil contract recognized focusing on a different angle, to arrive at a different conclusion. Since there is no clear legal theory basis and unified judicial practice of contract fraud civil contract basis to judge the effectiveness of different identified.Contract fraud criminal fraud on objective performance contract forms should be attributed to civil fraud is an act in two different areas of criminal and civil legal assessment, it finds on the crime of contract fraud in civil validity of the contract, the paper the contract is not considered a crime by the perpetrator and absolutely invalid. Instead, contract fraud in a civil contract recognized efficacy should follow "punishment independent people","the people of both punishment","insists autonomy" and guidelines "focuses on the legal protection of victims of civil rights". Under the contract itself does not violate the laws and regulations of the situation on the validity of the contract provisions, based on the four criteria to distinguish the effect of a civil contract treat. In this paper,"Criminal Law" Section224how to classify the effectiveness of a reference standard, divided into "false body type ","guarantee false type ","decoy type ","type into hiding ", and four involved a civil contract for the crime of contract fraud the problem identified specific analysis discussed.