A Comparative Study Of The Civil Fraud And Criminal Fraud

"Fraud" and "fraud", is the two meaning similar but not the same words,Thetwo was hard to separate from each other with the concept of perfect legal systemand the development of the modern market economy,each has its own attribution.Indaily life, fraud in favour of the civil law field,But fraud has been included in theadjustment range of criminal law.This split into two new concepts--the civil fraudand criminal fraud. Whether the criminal fraud or civil fraud and its purpose isthrough the use of fictitious facts, deception, thus defrauding people of money, thesetwo kinds of behaviors have damaged the market even bargain and honest credit, thatkilled a party to suffer economic losses.In order to rectify the order of the marketeconomy activities, safeguard the social economic security, criminal fraud and civilfraud exception is listed as the key object of adjustment of law.The criminal fraud and civil fraud is a common key words--"cheat", this is ahuman society at the beginning of the birth has been the existence of things,As anegative form of social attributes of human beings,"cheat" behavior by thelong-term social moral condemnation.If the "backbone of deception" behaviorcompared to a tree, then the criminal fraud and civil fraud are two branches of thetrunk, its growth is not exactly the same, and in the two branches and their bearingfruit, the formation of different plants lush.The criminal fraud and civil fraud inconnotation and denotation distinction differences of legal provisions to these twokinds of behavior,But for the parties, hand because civil, criminal law is different tothe criminal fraud and civil fraud processing mode, causing the victim to seek reliefway is different; on the other hand, with the further improvement of the legal systemto protect human rights, illegal behavior also demands will seriously criminal fraudthis violation of criminal law and civil fraud of this kind of common civil illegaldistinction.Therefore, research on the criminal fraud and civil fraud meaning,accurately grasp the boundaries between the two, in the premise of fully protect thelegitimate rights and interests of the parties, the attack illegal crime, to maintain themarket order, maintain economic stability, and has important significance to promotethe healthy and orderly development of the socialist market economy.