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On The Boundary Between Fraud And Civil Fraud

Posted on:2018-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:H F ChiFull Text:PDF
GTID:2356330515975869Subject:Law
Abstract/Summary:PDF Full Text Request
Fraud crime as in order to obtain the murdered party for the purpose of property crime,the offender must take effective deception makes errors were tricked into party know and hand over the property,in our judicial practice,due to the fraud motivation,purpose,means and consequences vary widely,and is easily confused with the civil legal relationship of civil fraud.Practice because of the boundary is not clear that the public security organs are often involved in a large number of civil disputes,and to make such cases in accordance with the criminal fraud charges flow to the procuratorial organs,judicial organ.The author found in the work in the law,defense attorneys do pleaded not guilty in the fraud cases,in all cases involving economy the proportion is very high,the prosecution of criminal charges and the defense of innocence defense is more focused on whether the actor has subjective deliberate fraud.The author thinks that,through the practice of a more typical case analysis to distinguish between fraud and civil fraud,to clarify the fraud crime in the judicial practice and the limits of civil fraud,so do not waste not longitudinal to crack down on criminal offenses.
Keywords/Search Tags:Subjective illegal possession purpose, Commit fraud, Civil fraud, Subjective and objective unification
PDF Full Text Request
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