The Study About Crime Of Contractual Fraud And Crime-Civic Mixed Issue In Commercial Contract Cases

With the economic development of our country,commercial activities have been growing frequently.A contract,as the certification of a deal,has pervaded into every corner of our life.Meanwhile,cases about violating honesty principle and using contracts for frauds are increasing annually.Crime of contractual fraud has already become a typical economic crime,and presents its complexity,crypticity,which makes it hard to notice for many victims.During my work as a judge,the author has noticed a fact that in the practice of law,cases of crime of contractual fraud usually intermingle with civic issues related to the contracts and therefore,contains many controversy issues about how to ensure the nature of the case,how to clarify the responsibility,and how to apply the process.Thus,applying panel code on a civic issue related to contracts,or dealing crime of contractual fraud with civic code is a common mistake.Studying the problem of crime and civic case identification in crime of contractual crime has benefit in clarifying the standard between crime of fraud or not,and provides the very theoretical foundation for legal responsibility identification for crime-civic mixed contactual fraud cases.By describing a really case,this essay will study the crime-civic mixed contactual fraud issue by thinking of the case related crime-civic mixed issue in a contractual fraud,the principle of penal code and civic code,and theory of substantive law and procedural law.This essay contains 4 parts: 1.introducing the background,conflicting opinions,and the very central issue of their argument about the case in Ping Xu vs a real estate development Ltc.,in F city;2.Arguing the very problem about crime of contractual fraud and crime-civic mixed issue in contract,including differentiate fraud of crime from the civic fraud,and the identification of the power in a contract.3.arguing about the procedural problems in crime of contractual fraud and cases of crime-civic mixed contract issues,cross examining 3 the selection among 3 different modes and 4 dealing modes in our law practice.4.arguing the evidence problem in crime of contractual fraud and cases of crime-civic mixed contract issues,while analysing and making a decision about whether a minutes of meeting could be used as a piece of valid evidence.