Legal Study On Improvement Of Civil Fraud And Criminal Fraud Conflicts

Of this research is based on the actual case,based on the detailed study to explore the life probability high "a room two sell" cases,combined with the case are analyzed in detail the basic characteristics of the crime of fraud of the contract and the constitutive requirements,and further expounds the legal thinking,this case caused by the difference between the crime of fraud of the contract and the contract disputes,fraud,the boundaries of civil fraud.According to the judicial practice in the process of civil fraud,criminal fraud,based on domestic legislation present situation,and separately introduces the domestic civil fraud and criminal fraud conflicting legislation,clear in the contract fraud crime and civil conflict case is not a crime standards,achieve severity property rights for civil fraud case against the plan are analyzed,and how at the same time put forward the solution,thus lead to "a room two sell" phenomenon of idea into sin,have certain reference significance for the perfection of legislation in China.The full text is divided into four parts,about more than 20 thousand words.The main contents are as follows:The first part is a brief introduction of the case and the legal problems.It mainly introduces the basic situation of the contract fraud case and points out the focus of the case dispute,which belongs to the civil fraud or the crime of contract fraud.The second part makes a systematic research and Discussion on the basis of the focus of the case,and makes a full demonstration on the characteristics and elements of the crime of fraud in contract,and draws a conclusion that Yin's behavior constitutes the crime of contract fraud.The third part elaborates the legal thinking caused by this case,focusing on the identification and demarcation of the "illegal possession" of the contract fraud,and expounds the distinction between the crime of contract fraud and the contract dispute,the civil fraud and the crime of fraud.The fourth part is the study of the case,combining the judicial practice with the specific analysis of the standards of the crime and non crime of the conflict of civil and criminal cases inthe crime of contract fraud,and thinking about how to determine the extent of the infringement of property rights in civil fraud cases,and suggest that the crime object,the purpose and the crime of the crime of contract fraud are further clarified.The amount and so on,and then combined with the trend of the common phenomenon of "one house and two selling" in life,it is suggested that the fraudulent behavior of "one house and more sale" be defined as criminal nature,which can be effectively hit,protect the development of market economy and ensure the reduction of the crime rate.