On The Boundary Between Contract Fraud And Civil Fraud

The Civil Code articles 148,149 provides a broad civil fraud,closely related to the criminal law of fraud,and most of the civil activities are carried out through the form of contract,so how to grasp the crime of contract fraud and a narrow sense of the boundaries of civil fraud,to avoid economic disputes as a criminal case has become a major problem in judicial practice,in the theoretical community is also a variety of opinions.In the case of the appearance of rights liability,the disposition of property of others without the right to dispose of fraudulent,bona fide counterparties to obtain property,to its desire,the purpose of the transaction can be achieved,from the civil point of view and did not suffer property losses,so there are views that such circumstances,the appearance of rights liability to prevent the establishment of fraudulent crime,the perpetrator only set up civil fraud.In fact,the appearance of liability not only does not prevent the establishment of the crime of fraud,but also provides a basis for the separation of the victim from the defrauded person in the case,effectively remedying the shortcomings of the traditional triangular fraud theory and bringing the criminal law evaluation in line with the civil law evaluation,which is the new triangular fraud.This article will analyse the case of Hao Moumou’s contractual fraud,and analyse whether the act of disposing of the house committed by the famous person in the case of buying a house under a borrowed name constitutes the crime of contractual fraud.This article is divided into three parts: the first part is to sort out the main points of contention through the evidential materials of Hao Moumou’s case and the content of the judgment;the second part is to focus on the aforementioned points of contention,i.e.the views of the prosecution and the defence,and to analyse the case by combining theoretical views,laws and regulations and judicial cases,taking the substantive interpretation of the elements of contract fraud and civil fraud as the starting point.The third part is through the first two parts of the case and the relevant judicial cases of the analysis of the generalization,the right appearance of responsibility and fraud,the crime of contract fraud and civil fraud of the boundary of the standard two aspects of reflection and related recommendations: First,the distinction between contract fraud and civil fraud should adhere to the principle of unity of subjectivity and objectivity,first to examine whether the objective behavior has reached the degree of fraud,and then integrated ex ante,ex post and ex post.Secondly,the introduction of a new model of triangular fraud to explain the separation of the victim from the defrauded in criminal fraud cases,in order to achieve compatibility between crime and punishment.