On The Confirmation Of Contract Effectiveness In Contract Fraud Cases

This paper mainly studies the determination of contract effectiveness in contract fraud cases.In cross criminal and civil cases,the same legal act may constitute a criminal crime and also cause defects in contract effectiveness.It is necessary to deal with both the substantive issue of the impact of contract fraud on contract effectiveness and the procedural issue of the treatment of contract effectiveness between two different trial procedures,There are many differences on these issues injudicial practice.After analyzing the current judicial situation,this paper believes that the judgment of contract effectiveness in contract fraud cases should be based on the identification of the criminal legal relationship of contract fraud,and the contract effectiveness involved in the case should be classified and identified.In terms of entity identification,we should first determine whether the contract behavior has harmed the national,social and public interests and violated public order and good customs,and whether it should be identified as invalid behavior;Secondly,from the overall level of legal order,judge whether the contract behavior in contract fraud cases violates the mandatory provisions of laws and administrative regulations,so as to correctly distinguish the degree of illegality and determine whether the contract can be directly recognized as invalid;Finally,the specific application of expression of will as the identification standard of contract effectiveness,clarify the relationship between the relevant acts related to contract fraud and the exercise of the right to rescind,and finally determine the effectiveness of the contract.In terms of procedural rules,in principle,the issue of contract effectiveness should be solved independently by civil procedure,and the final bearing of civil liability should not be attached to the judgment of criminal liability;The initiation and conduct of civil procedures should also be independent of the identification and trial of relevant charges.Therefore,in terms of procedure,we should establish the general principle of the combination of criminal and civil acts,and then take "criminal before civil" and "criminal after civil"as the exceptions according to the different circumstances of individual cases.This paper creatively explores the specific and operable identification path of contract effectiveness in contract fraud cases,that is,the judgment of contract effectiveness in contract fraud cases should be based on the civil law as the basic principle,the general principle of combining criminal and civil actions should be used in the selection of procedures,and the integrated and systematic thinking of civil law should be built in the entity,according to whether the contract violates the national and social public interests,the evaluation of contract illegality The order of the parties’ intention is the path to judge the effectiveness of the contract.