On Distinction Between Contract Fraud In The Civil Law And Contractor Fraud In The Criminal Law

In recent years,judicial authorities face a large number of cases of contract fraud and fraud in judicial practice.Although the current law has clear legal provisions for both,it is still unable to accurately distinguish them in judicial practice.Starting from the legal provisions on contract fraud in our civil law and criminal law,this paper identifies the distinction between these two kinds of contract fraud through the analysis of jurisprudence and cases.The general differences between contract fraud in civil law and contract fraud in criminal law lies in their different subjective purposes,different nature of behavior,different forms of completion and different legal consequences.The fundamental difference is that civil fraud intends to seek benefits through the performance of contracts,while contract fraud offence produces a direct purpose of illegal possession.It takes possession of other party's property by contract.Fraud in civil law is an illegal behavior,while fraud in criminal law is a criminal behavior.Subjectively,the differences between them are manifested in the difference of intentional content,intentional form and time of occurrence.In the objective aspect,the differences between the two are manifested in the content,degree,mode of conduct,amount,the disposal of the subject matter and the undertaking of legal responsibility.The author hopes to make a thorough analysis of contract fraud in civil law and contract fraud in criminal law through legal principles and cases.Meantime,analyses the legal liability of the two and the provisions of the existing laws,points out the shortcomings and improvement methods,in order to clearly define the differences between them,and provides some help for the distinction between the two in judicial practice.Help.In recent years,judicial organs face a large number of cases of contract fraud and contract fraud in judicial practice.Although the current law has clear legal provisions for both,it is still unable to accurately distinguish the two in judicial practice.Starting from the legal provisions on contract fraud and contract fraud in our civil law and criminal law,this paper identifies the distinction between contract fraud and contract fraud through the analysis of jurisprudence and cases.