On The Legal Remedies Of The Injured Party In The Fraudulent Relationship

In recent years, the number of the fraudulent nurturing disputes in trial practice was on the rise. Lacking of the legal system to dealing with these cases in China, which put the judge in dilemma when dealing with these cases. Therefore, people worked in field of theory practice put more emphasize in research of the fraudulent nurturing relationship. In this paper, two typical cases in trail practice were studied, as well as the analysis about the legal nature of the fraudulent nurturing relationship and original right of the fraudulent nurturing infringement, which was trying to explore the problems of compensation resulted from the damage by the fraudulent nurturing in order to provide reference for solving the cases of the fraudulent nurturing disputes in practice. This paper mainly consists of three parts, besides the introduction and conclusion.The first part included the introduction of two typical cases?the court decision and extracted the focus of controversy by analyzing the similar cases with different court decision.The second part was the legal analysis of related problems. At beginning, the writer analyzed the characteristics of fraudulent nurturing relationship by quoting definition of the fraudulent nurturing relationship by scholar Yang Lixin, and then the redefinition of the fraudulent nurturing relationship was given. Furthermore, the writer evaluated the five main viewpoints of the legal nature of the fraudulent nurturing relationship respectively which revealed that the writer was in favor of the viewpoint of infringement. Eventually, damage compensation liability was cleared accurately through analysis of the fraudulent raised violations of the original rights.The third part mainly reconsidered the problems of the cases according to focus of controversy mentioned previously and legal analysis of related problems of the fraudulent nurturing.