Research On Civil Fraud

The legal system that prohibiting fraud, aimed to safeguard the security of transactions and protect private property has originated for a long time. In recent years, national civil legislation has made a detailed provision about fraud. The current provision of the law on civil fraud is just affiliated to some particular legal area. There are no specific rules toward what kind of responsibility the fraud should take, which makes it lack of ideal legal effect for the anti-fraud provisions. In compiling the’Civil Code’, it has become the focus of us to improve the content related to the civil fraud.The first part of this paper is to study the nature of civil fraud. First, to trace the root of the concept of fraud; then clarify the difference between pure fraud and legal act resulted by fraud, and from the view of legal act to state the act resulted by fraud that used to be treated as civil fraud; finally discuss the constituent elements of civil fraud. The second part of the paper discusses on several controversial theory problem statements, like whether mere silence, subjective statements, they could constitute fraud; fraud caused by a third party and the impact of fraud to a friendly third party, and propose the author’s views. The third part focuses on the status of legal regulation of civil fraud, and analyzes the conflict status and its reasons of the three frauds; finally tries to propose solutions ideas. Civil fraud behavior goes against the principle of autonomy and honesty, which is not conducive to a stable trade order, and undermines the legitimate rights and interests of people involved, so the law evaluates it as negative. China’s current legal provisions of civil fraud effect as invalidation, revocable, punitive damages of three regulatory models, in order to protect the legitimate rights and interests of people relative. But exist of conflicts among the three mode regulation, can be attributed to a conflict between the rights of the parties in civil fraud. This paper attempts to provide resolving solutions from the point of the conflict of rights perspective.Finally, the writer believes by the occasion of the "Civil Code" codification, it is necessary to re-examine civil fraud model system, establish a set of normative system based on anti-fraud.And take the advantage of modern civil fraud to set different punishment rules for the relative fraud and the third party who implements fraud, as well as provision not intends to play against a bona fide third party. With the development of socialist market economy, the study of fraud and civil fraud system should be more targeted, to provide a wealth of theoretical results for the legislation.