A Case Study On The Crime Of Contract Fraud And Civil Fraud

With the development of social economy, a large number of civil cases, criminal cases of cross, or civil cases, criminal cases "and" devotion ", first" is the crime of contract fraud and civil fraud(Civil Disputes) entanglement. In recent years, in the judicial practice, often because of the improper distinction between the two. Lead the investigation organ in civil disputes, judicial injustice and other negative evaluation. Therefore, how to objectively distinguish between contract fraud and civil fraud are significant.However, due to the crime of contract fraud and civil fraud in the contract caused by defects, the objective aspect loss characteristics is very similar, but the two are "fraud". Especially since the "purpose" of human behavior belongs to the inner consciousness of illegal possession, not by direct evidence, it is difficult to identify, resulting in legal theory also Public opinions are divergent.. As the judicial practice is very controversial and intractable problem. We mainly through carries on the appraisal to distinguish contract fraud and civil and economic disputes(civil fraud) point of view, and puts forward the tentative identification method for the purpose of illegal possession.In this paper, Chen used car rental pledge to Zhu borrowing is constitute fraud or ordinary civil disputes as a starting point to explore in the judicial practice, often because of the improper distinction between the two, leading to the investigation organ in civil disputes, judicial injustice and negative evaluation of [1]. contract fraud as a common charge current in judicial practice, how to separate and civil fraud, the parties involved in the maintenance of the rights and legal application. Therefore, how to objectively distinguish between contract fraud and civil fraud are significant. This article gives a brief introduction of the case and the focus of controversy, the current large number of civil cases, criminal cases of cross. Or civil cases, criminal cases "and" devotion ", first" is the crime of contract fraud and civil fraud(Civil Disputes) entanglement now Shape. This paper in the second part, mainly introduces the respective features of contract fraud and civil fraud. This paper in the third part, emphatically on the crime of contract fraud and civil fraud discrimination trying to find the difference between them, so as to correctly distinguish contract fraud and civil fraud; in the fourth part, through the above compared and analysis obtained cases should be set for contract fraud, is not a simple civil and economic disputes the conclusion. This paper the fifth part leads to the thinking of crime and non crime of the definition of legal issuesWe mainly through carries on the appraisal to distinguish contract fraud and civil and economic disputes(civil fraud) point of view, and puts forward the tentative identification of illegal possession method. In order to accurately grasp the subject and object of the crime of contract fraud on essential characteristics, a clear division of contract fraud and non crime, the limits of this crime and other crime,anyway. I hope through these described the suspects and the guarantee of the rights of the defendant provide a point of reference.