The Judicial Cognizance Reseacher Of Fraud Crime And Civil Deceit Behavior Demarcation Line

Fraud Crime occurs in citizens’ core area of economic life, which is an criminal behavior keeping pace with time. It has close relationship with citizens’ property safety protected by Criminal Law and cared by citizens. Fraud Crime and Civil Deceit should be as distinct as day and night, however, the mechanical laws are less rich and colorful than real life and can’t stop the mercenary opportunism keeping trying. In the judicial practice, as a result of similarities in appearance of Civil Deceit and Criminal Fraud and their vague boundary, the proper interest of the suspect can be protected and the judicial justice can be maintained, also, Civil Deceit can be prevented from being criminal in the practice, public power can be prevented from being intervened into civil law cases when distinguishing the two correctly. This paper is mainly aimed at the complicated Fraud Crime and Civil Deceit mixed together, based on mastering and identifying the purpose of illegal possession and through typical real cases to distinct Fraud Crime and Civil Ceceit behavior.This paper is divided into four parts. The first part is the overview of Fraud Crime and Civil Deceit, from the aspects of their concepts, relationship, distinction, and the practical significance of research etc to elaborate.The second part is about the status quo of the theoretical research and the judicial practice of Fraud Crime and Civil Deceit behavior demarcation line. The third part introduces real cases, lists different points of view, analyzes three controversial cases. The fourth part is about judicial cognizance idea of fraud crime and civil deceit behavior, setting the purpose of illegal possession as a main method to put forward cognizance idea of the purpose of illegal possession in the field of financial crimes in our country at present; Then from doers’specific motivation, disposal of property, attitude when unable to pay etc to distinguish from different perspectives; Finally from the perspective of tolerance of criminal law to distinguish fraud crime and civil deceit.