Research On The Distinction Of Civil Cheat And Contract Fraud

With the development of the socialist market economy, the economic activities of the transactions between market subjects are more frequent, Contract is becoming an indispensable way of trading in the economy. However, followed by this trend a large number of economic disputes and the contract fraud has become more and more common. At present, the use of the contract fraud crime has become one of the most serious economic crimes in china. Violation of contract fraud crime is not only the ownership of public or private property, more important is that it directly or indirectly harm the market main body of production and management activities, disrupt the market economic order.Due to the professional reasons, I have dealt with a large number of cases caused by contract dispute of the civil cheat or contract fraud in my daily work, which is very difficult to solve. Many litigants claim that the defendant’s criminal responsibility shall be investigated for the crime of contract fraud, on the other hand, the suspects often confuse their behavior with contract cheat in order to escape the legal sanction.So, Distinguish between contract fraud and civil cheat, will help us ruling economic disputes, to protect the victim, to punish illegal and criminal behavior.Of course,it will protect the healthy and rapid development of market economic order.This paper, from the perspective of case study, through the analysis of the cases, tries to find the distinction between civil cheat and contract fraud, in order to provide useful help for judicial practice.This article is divided into three chapters, the content is as follows:the first chapter, Introduction, including the background of selected topic and analysis point of view. The the second chapter, the Definition of Civil cheat and Contract fraud,which can be divided into three parts:Section 1, stating five typical cases; Section 2, finishing the case focus and controversial views; Section 3, analyze the five cases in detail. And the third chapter, Conclusion.