Research On The Distinguishing Standard Of Civil Fraud And Criminal Fraud

Along with the reform and opening up,the operation and development of socialist market economy,the transactions between different market subjects are gradually increasing,and the related legal problems are also increasing day by day.Different types of legal actions are intertwined,and the difficulty of dealing with them is also increasing day by day.Civil fraud and criminal fraud are the most typical cases.The distinction between civil fraud and criminal fraud is difficult to deal with both in the theoretical field of criminal law and in the judicial practice.The main reasons why civil fraud and criminal fraud are difficult to distinguish are that the concept of civil fraud and criminal fraud are not deeply understood,the relationship between criminal and civilian is complicated,and the standards of criminal and civilian are different.Although there are obvious differences between civil fraud and criminal fraud in terms of constituent elements,it is more of a boundary in the concept of science,which is not operable.Therefore,the author on the basis of effective analysis of the existing crime constitution standard theory,social harmfulness theory,illegal possession purpose theory,comprehensive analysis theory and other theories,from the content of deception,degree of deception,illegal possession purpose and other aspects to perfect the distinction standard of civil fraud and criminal fraud.In other words,from the point of view of the content and degree of deception,civil fraud is only part of the fact of deception,the kind of deception is only the reference factor of the other party’s wrong disposition,while criminal fraud is the whole fact of deception,the kind of deception is the decisive factor of the other party’s wrong disposition.Other civil fraud does not has the purpose of illegal possession,and criminal fraud has the purpose of illegal possession,understanding of the purpose of illegal possession should use illegal all said,and combining the behavior person subject qualification is real,’s capacity to honour its commitments,fulfill commitment behavior,counterproposal wading property disposition,commitment did not fulfil the cause and the subjective attitude of comprehensive judgment.Finally,the author puts forward some legal thoughts on the distinction between civil fraud and criminal fraud.