On The Determination Of Chen’s Behavioral Nature

The contract fraud belongs to the field of criminal law regulation, and civil contract fraud is ruled and regulated by tort law in civil law. It is different for the adjustment range of criminal law and civil law. Under the guidance of different basic theory of law, solving different problems in real life by different system design,in most cases occurred in the judicial practice, for a specific behavior of the parties, whether it is a civil tort or a criminal offense, we identify it is relatively simple, but for the situation similar to this case,the parties all make use of contract fraud in economic exchanges. In subjective aspect,they all are intentional deception by the possession of property, and in objective aspect,they also implement the possession of the financial behavior of others, what’s more, the perpetrator of the two behaviors are due to fraud to gain benefit. It is difficult to distinguish the behavior of the parties between a contract fraud and civil fraud. There are many similarities between the two kinds of behavior, which make the distinction between the two more difficult. In order to maintain the normal social order of transaction,the state specifies crime of contract fraud in criminal law, and in civil law also provides fraudulent conduct. Although the law carry out provisions of relevant behavior, in practice,the understanding is different. The law-executors can’t clearly understand the related behaviors’ subjective purpose, objective behavior and other contents, which cause significant damage often due to parties’ wrong detention and erroneous judgement.Sometimes, because there is difficult to confirm whether it is crime, we put a crime suspect indulgence. In judicial practice, the public prosecution organ and judicial apparatus do exist deviation to determine the nature of correlation behavior. In order to solve the problems in practice better, the author gives a specific case, and compares the subjective purpose, behavior means and the ability to perform the two kinds of behaviors of contract fraud and civil contract fraud, then determines the behaviors’ subjective purpose, behavior means and performance ability in the case, on the basis of this, the author draws his own conclusions on this case.