Relationship Between Criminal Law And Civil Law In Contract Fraud Crime

In recent years,the number of contract fraud cases handled by judicial organs is not low.As for the contract fraud crime,although the criminal law has made specific provisions on the behavior characteristics of the crime,it should be noted that as a civil legal act,contract makes many contract fraud cases being faced with the problem of interleaving between criminal law and civil law.Moreover,the understanding and handling of these problems are different because of the different understanding of the relationship between criminal law and civil law.It should be noted that the understanding and handling of such problems not only affects the identification of this crime and that crime,but also affects the identification of crime and non-crime.So in Chapter One,this paper puts forward three main types of interleaving between criminal law and civil law in contract fraud cases.First is the interleaving of contract validity and contract fraud crime,which mainly refers to whether the contract validity can restrain the identification of contract fraud crime and whether the identification of contract fraud crime can restrain the contract validity.Second is the interleaving of compulsory protection in civil law system and contract fraud crime,which mainly refers to whether the apparent agency and the bona fide acquisition system can restrain the determination of contract fraud crime.Third is the interleaving of civil judgment and the contract fraud crime,which mainly involves whether the civil judgment in favor of the actor can restrain the determination of contract fraud crime and whether the civil judgment which requires the actor to assume responsibility can restrain contract fraud crime.Considering the fact that the relationship between criminal law and civil law is not only the theoretical basis for dealing with contract fraud cases,but also a problem that must be faced in analyzing and judging the interleaving between criminal law and civil law in contract fraud cases,this papersorts out the theories of the relationship between criminal law and civil law,and selects the theory of relative subordination of criminal law as the basis of this paper on the basis of showing and stating the four theories of "independence of criminal law","absolute subordination of criminal law","relative independence of criminal law" and "relative subordination of criminal law" in Chapter Two.It should be noted that the theory of relative subordination of criminal law is based on the theory of relaxed monism of violation of law and holds that the situation of criminal law application depends on whether the protection purpose of civil law and criminal law is same or not.If the protection purpose of civil law is same with that of criminal law,criminal law subordinates to civil law which means that affirmative assessment in civil law will lead to affirmative assessment in criminal law and negative evaluation in civil law will not necessarily lead to negative evaluation in criminal law.If the protection purpose of civil law is different from that of criminal law,criminal law has its independent application.And it should be noted that the affirmative assessment in civil law should be substantive rather than formal affirmative evaluation.After putting forward the question and stating the basic standpoint on the relationship between criminal law and civil law,this paper,based on the theory of relative subordination of criminal law,makes a complete analysis and statement of the three types of interleaving between criminal law and civil law in contract fraud cases in the following three chapters.Chapter Three is about the relationship between the validity of contract and the contract fraud crime.In this chapter,first,discussion is made on the problem of whether the validity of contract can restrain the determination of contract fraud crime,the theory of "relative subordination of criminal law" and the relevant principles of civil law are used to analyze the different contract's influence on the determination of contract fraud crime.The second part of this chapter discusses whether the determination of contract fraud crime can bind the validity of the contract.First,this paper shows different judicial precedents and theories about the influence of the contract fraud crime on the determination of the validity of the contract.These theoretical viewpoints include the theory of invalidity of contract,the theory of validity of contract,the theory of revocation of contract and the theory of compromise of contract validity.Then this paper analyzes different contract effectiveness based on the theory of relative subordination of criminal law.The chapter concludes with the following conclusions.First,on the question of whether contract validity can restrain contract fraud crime,the substantive legitimate and effective contract can prevent the contract fraud crime.When the validity of the contract is flawed,the behavior may rise from "general illegality" to "punishable illegality" and it isnecessary to judge whether the behavior has criminal illegality and whether the behavior is a contract fraud crime or not according to specific situation and constitutive elements of contract fraud crime.Second,on the issue of whether contract fraud crime can restrain contract validity,we should first distinguish the different stages of the contract at first,then we should realize that if the purpose of illegal possession is produced before or during the signing of the contract and the act of fraud is carried out next after that,the validity of the contract involved must be flawed,but it is up to the actual situation to decide whether it is an invalid contract,a contract with undetermined effect or a revocable contract.Chapter Four is about the relationship between compulsory protection system of civil law and contract fraud crime.This part first explains the concepts of compulsory protection system of civil law,apparent agency and bona fide acquisition.In second part,this paper first designs two cases to show the different views and opinions on whether compulsory protection system of civil law can restrain the determination of contract fraud crime.Then this paper uses the theory of relative subordination of criminal law to analyze whether the compulsory protection system of civil law can affect the determination of criminal illegality.In addition,considering the completeness of the theoretical statement,this article also makes a specific analysis and explanation on the impact of the victim's identification on the contract fraud and whether the actor has imaginary concurrence.The chapter concludes with the following conclusion that the system of compulsory protection of civil law does not block contract fraud crime,and because the content and purpose of the two are different,they can coexist in a contract.And it should be noted that the behavior of contract fraud may exist imaginary concurrence with other criminal acts.Chapter Five is about the relationship between the civil judgment and contract fraud crime.The first part of this chapter discusses whether the civil judgment in favor of the actor can restrain the conviction of the crime of contract fraud.In the discussion of this issue,this paper first demonstrates the different views on this issue,and then this paper uses the "relative subordination of criminal law" to analyze whether the winning judgment constitutes an affirmative evaluation in civil law,and then discusses whether the winning judgment can block the investigation of criminal responsibility.In the second part of this chapter,this paper discusses whether the civil judgment which requires the actor to assume responsibility can restrain the determination of contract fraud crime.In this part,firstly,this paper shows the cases of judicial practice and introduces the mainstream viewpoints,and then uses the theory of relative subordination of criminal law to re-understand and explain the principle of modesty.The chapter concludes with the following conclusion that in contractfraud cases,the civil judgment in favor of the actor does not constitute a substantive lawful and effective judgment which means it should be a negative evaluation in civil law,so the civil judgment in favor of the actor cannot prevent the conviction of contract fraud and the civil judgment which requires the actor to assume responsibility does not block the determination of the crime of contract fraud.If the actor's behavior conforms to the constituent elements of the crime of contract fraud,and rises from "general illegality" to "punishable illegality",being investigated criminal responsibility will not violate the principle of modesty in criminal law.In Chapter Six,this paper summarizes the significance of the theory of relative subordination of criminal law to the topics discussed above and the conclusions drawn therefrom.