A Study Of Cognizance Of Contract Validity In Cases Of Fraudulent Criminal Cases

An in-depth study on the validity of the contract validity of cross-referencing civil penalties involved in contract fraud is the only need to resolve the judicial practice in China.In the past,most of the scholars' researches on such issues focused on procedural laws such as pre-penalties and post-criminal procedures.Until now,academic circles have conducted narrow angles of research,and few theoretical results have been obtained that have helped in the resolution of contract effectiveness in such cases.Moreover,the existing research has not carried out an in-depth analysis and discussion on a key issue,resulting in insufficient theoretical results to support and guide existing judicial practice.The cases involving fraudulent civil penalties involved in contract fraud are complex and difficult to sort out in various legal relationships.China's corresponding judicial interpretations are scarce,and there are few relevant opinions and documents.This leads to many cases,especially the identification of frauds.The trial effect of the civil effect of the contract in the crime is difficult to reach the ideal state.This thesis is based on the existing laws and regulations,and then on the basis of the theory of civil and criminal cross entities and the validity of the general civil contract theory,combing relevant useful research theories,and relevant issues concerning the contract validity of contract fraud fraud cases.Research and discussion.This thesis is divided into six parts.The first part is the introduction.It mainly expounds the background and significance of this thesis.The second part discusses the origin of the validity of contract recognition of cross-sense criminal cases involved in contract fraud.From the perspective of judicial practice,through big data analysis and case study,it is found that judicial decisions are inconsistent,relevant legislation is not perfect and other issues,and theories The doctrine of this issue has been summarized and summarized.The third part discusses the theoretical basis of the validity of contractual fraud in criminal cases involving contract fraud,defines the types of criminal-civilian crossover cases,and expounds the basic theory of contract invalidation,and finally puts forward the need to uphold private law autonomy and the penalties of criminal law.The fourth part focuses on the determination of contract validity in the case ofcross-referencing of criminal cases involving contract frauds.In conjunction with the 3sections of Article 52 of the “Contract Law”,the applicability of the cases in which judicial practice is often found to be invalid is analyzed.The fifth part puts forward the judicial interpretation of "mandatory provisions","national interests",and "violating public order and good practices" in the substantive law to avoid the abuse of these three in judicial practice.At the same time,the procedural law insists on " The "prisoner-principal parallel" principle abandons the "prison sentence first"after the previous China's lawsuit procedure,and only regards "prison sentence first" and"private sentence" as a supplement to "parallel of criminals".The sixth part is the conclusion,and summarizes the conclusions of this thesis.