Font Size: a A A

Researches On The Contract Fraud Of Interlocked Penal And Civil Cases

Posted on:2018-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2416330536475008Subject:Criminal law
Abstract/Summary:PDF Full Text Request
In the judicial practice,contract fraud cases and contractual civil violations cases are often be confused,there are many disputes existed in these cases' s legal responsibility cognizance and procedure resolutionresponsibility cognizance and procedure resolution.The study of the overlapping of criminal and civil law issues in the contract fraud will be helpful in the judicial cognizance of crime or non-crime of contract fraud,and provide theoretical foundation to these cases legal responsibility cognizance.This thesis tries to combine criminal lawand civil law's basic regulation,substantive law and procedural law's fundamental theory,contact with specific cases in the judicial practice,analyze the different typesof the overlapping civil and criminal law cases concerning with contract fraud.This thesis can be divided into three chapters.Chapter one analyze the different type of the overlapping civil and criminal law cases concerning with contract fraud.A typological analysis to the overlapping civil and criminal law cases concerning with contract fraud may help us grasp the characteristics of different types of cases accurately,and will lay the foundations for legal responsibility cognizance and procedure resolution.This thesis take legal facts as standard,divide overlapping civil and criminal law cases concerning with contract fraud into competitive and implicated categories.The former can be further divided into competing from the law and from judgment.The latter can be further divide into main body implicated,object implicated and content implicated.Chapter two analyze the judicial cognizance of the overlapping civil and criminal law cases concerning with contract fraud.The judicial cognizance of the overlapping civil and criminal law cases should be adhered to the principle of the modesty of criminal law and the pre-analysis of the civil law.Overlapping civil and criminal law cases competing from the law,the contract is not certainly invalid due to the fraud behavior of one party,the contract is voidable.Overlapping civil and criminal law cases competing from the judgment,the constitutive requirements of contract fraud are the only standard in the judgment of crime or non-crime of contract fraud action.Internal implicated overlapping civil and criminal law cases,the internal member or the person who has apparent agency relations with the unit constitute contract fraud,the unit should bear civil liability,where are not in contradiction.External implicated overlapping civil and criminal lawcases,guarantor can become theaccomplice in contract fraud.Chapter there analyze the procedure resolution problem of the overlapping civil and criminal law cases concerning with contract fraud.According to the different type of the overlapping civil and criminal law cases,the competitive cases should obey the Principle of “criminal cases priority to civil cases”,the implicated cases should obey the principle of “criminal cases parallel with civil cases”,and we should constructed the criminal pursue restitution and civil liabilitycoordinated handling mechanism at the same time.The adjudgedforce of effective contract fraud criminal judgment between guilt verdict and not guilty verdict are different.The civil judgment have no adjudged force of effective in criminal procedure.When the criminal judgment and the civil judgment conflicts,and the civil judgment are obviously wrong,we can repeal the civil judgment by supervision procedure.
Keywords/Search Tags:contract fraud, interlocked penal and civil cases, crime prevention, substantive application, procedure designing
PDF Full Text Request
Related items