The Boundaries Of Criminal Defraud And Civil Fraud

"Defraud" and "fraud" are two different words with similar meaning.In the consciousness of many people,the two should be independent of each other,but with the refinement and perfection of legal system,the two words have different legal categories."Defraud" is generally integrated into the category of criminal law,while "fraud" has a bias towards the category of civil law and points to civil fraud.In practical economic exchanges,criminal defraud and civil fraud both have fraudulence,which damage fairness and credibility of the market economy,causing the loss of property.The two words belong to different categories of the law,but because of their similarities,people are apt to confuse criminal defraud and civil fraud.Many jurists and judges have been doing related explorations and researches.Based on research method of combining theory with practice,this paper mainly elaborated the following contents:The first part: From the case analysis,the author introduced two real cases of controversy in the practice,and analyzed the different views of the cases,leading to the issue this paper discussed.From the point of view of the purpose of illegal possession,the author summarized difficulties and problems in distinguishing criminal defraud and civil fraud in practice,and analyzed the reasons of the existing problems.The second part :The author outlined criminal defraud and civil fraud,clarifying the meaning,distinction and relation between the two words theoretically.However,the differences in theory between the two words is still not enough to solve the problems in practice,which makes us to solve the problem based on the purpose of illegal possession.The purpose of illegal possession is the core of distinguishing criminal defraud and civil fraud,and also the key boundary between criminal defraud and civil fraud.The third part: The author mainly discussed how to understand the purpose of illegal possession and the time generated by the crime.The fourth part: The author elaborated the adoption of presumption method to determine the purpose of illegal possession on the principle of subjective and objective consistency,and also procedural norms of this method.The fifth part: The author expounded his view on the disputed cases proposed at the beginning of paper,and put forward some suggestions on how to determine the purpose of illegal possession,so as to benefit the practice through the exposition of the thesis.