Research On Contract Fraud In Civil And Commercial Activities

Contract fraud, which harms the contracting counterparts' right and thetransaction orders, is a kind of act deviates from the principle of good faith and lies incivil and commercial field. Some new type of contract fraud emerges so it isnecessary to research the determination, recognition and liability assumption. Underthe purpose above, this dissertation analyzes the theories and practice about contractfraud in civil and commercial field with multiple methods and especially researcheson the legal issues of the characteristics of contract fraud, the constitutiverequirements and the yardstick of contract fraud, the form, determination and liabilityof contract fraud. The results and conclusions are as below: First, the forms ofcontract are extending from traditional forms to new forms, such as intelligent fraud,co-fraud and occupational fraud. Secondly, the legislation about contract fraud inJapan, Germany and Taiwan can be learned such as the third party fraud and theprotection for third party acting in good faith should be absorbed in the future CivilCode of China; thirdly, the current law system of contract fraud is far from perfection,especially there is a lack of interest balance mechanism, in the process of legislatingCivil Code of China, we should establish a profound mechanism to balance theinterest of different parties.