Contract Civil Fraud A Number Of Issues

In the modem economic life, the contract is closely linked with people's life. But with the gradual establishment and development of market economy system in our country, people's thought and moral concept faces new change and recombination and the credit crisis is outstanding day by day. Utilizing contract to swindle is becoming more and more common and turns into one aspect that is not harmonious in socialistic market economy. Centering on civil contract swindle, this article will use the method of analyzing history and comparison study to profoundly expatiate and analyze the five aspects in the cause, characteristic and classification of civil contract swindle, its composing essentials, its legal rules, its effectiveness and legal responsibility and its character by cutting-in the principle of honesty and credit which has been confirmed in new Contract Law, referring to foreign correlative viewpoints and domestic latest study production about civil swindle and combining relative cases of Contract Law . And on this basis, it discusses the problem of punitive compensation in civil contract swindle in order to cause the attention and recognition of the specialists on law and the judicial officers to civil contract swindle and so as to promote the healthy development of our socialistic market.This article consists of six major parts altogether.The First Part: Meaning and characteristic of swindle and contract swindle. Contract swindle, means swindle actors conceal a important fact related to a bargain or offer s false situation and make the other side make wrong understanding so as to settle a bargain on purpose. Contract swindle includes two kinds of forms: civil and criminal. Civil contract swindle comes into being in the course of making economic contract made by swindler. It is shown as leading the other side to settle a bargain as an object, swindling to realize the signing purpose by duplicity or false articles. The main characteristic of contract swindle is that the actors could get illegal interests from the swindled side by fulfilling certain contract obligation.The Second Part: the reason, characteristic and classification of the contract swindles. From social aspect, it produced because the social credit foundation is weak, the economic system is imperfect, some functional departments are not strict in enforcing the law, supervision is not enough etc.. From party aspect, it produced because of the lack of corresponding legal knowledge, the lack of marketing experience, negligence, managerial confusion in enterprise's unit etc, that all these is the important reason to cause the contract swindle grow in intensity. In recent years, contract swindle demonstrates a lot of new characteristic and turns into the form of the intellectual crimemore and more. The contract swindles can be divided into four forms: the subject of a contract, quality clause, price clause, and identification clause.The Third Part: Important constituent elements causing swindles of the contract. The important constituent elements causing that civil swindles of the contract includes four points: First, swindler make swindle on purpose, or make swindled people think wrong on purpose and confuse the swindled people by some certain meaning of two layers deliberately which showed by swindler. Indirect behavior deliberately can form swindle civilly. Second, swindled people sink into mistake for the sake of relative fraud made by actor swindler. Third, swindled people implemented the fraud objectively, including two kinds of forms: do or not do. Silence can produce swindle.The Fourth Part: Legal principles and systems ordaining civil contract swindles. (l)Honest and trustworthy principle. According to this principle, The party has the legal additional obligations below: pull together, protects, notify, keeps secret each other in contract concluding, implementation , shoulder and after stopping as well.(2)Party autonomy principle. It is violating to basic principle of " party autonomy " to swindle, so it is a kind of civil illega...