On The Validity Of Contract In The Crime Of Contract Fraud

In judicial practice,the trial of criminal and civil cases of contract fraud is complicated because of the overlapping of criminal law and civil law in the process of application.In addition,the convergence of civil and criminal laws in China is not close,and the application of legal provisions is different.Therefore,it is easy to confuse the boundary between civil illegality and criminal crime.This paper holds that there are two kinds of legal acts,fraud and contract,in the criminal civil cross cases of contract fraud.Because the evaluation objects of the two are different,they should be distinguished.The focus of criminal law is fraud.The object of evaluation is whether the fraud can reach the degree of punishment,and the evaluation is the behavior by means of contract,The focus of civil law is the contract behavior itself,which evaluates whether the parties follow the agreement of intention expression in the contract behavior,and whether the result of the contract behavior can be endowed with private law effect.It can not directly deny the violation of contract act because the fraud behavior constitutes a crime.First of all,this paper expounds the basic concepts and types of the crime of contract fraud,and then distinguishes the contract fraud and civil fraud;next,starting from the contract act,it discusses the three controversial theories on the validity of the contract act in theory:invalid theory,effective theory and revocable theory;then,according to the empirical research of judicial judgment,it leads to the disputes in judicial practice;secondly,the paper discusses the relationship between contract fraud and civil fraud In order to provide a legal basis for correctly identifying the validity of contract acts involving contract fraud,this paper introduces the relevant principles:autonomy of civil law,modesty of criminal law,and distinction between criminal law and civil law.Thirdly,through the analysis of three controversial theories on the effectiveness of contract acts involved in the case,the author believes that fraud constitutes the crime of contract fraud and the determination of contract act can be revoked More appropriate conclusion.Finally,it provides theoretical and judicial rationality for the theory of revocability,but it should be restricted in its application.Combined with Article 224 of the criminal law,the theory of revocability can be specifically applied after it constitutes four special forms of contract fraud,namely,the type of signing a contract under false name,the type of false guarantee,the type of small fraud and the type of evasion of collection.Finally,this paper focuses on how to deal with the problem of liability in the crime of contract fraud,so as to open up a way to solve the problem of the validity of contract fraud in criminal and civil cases.