A Research On Civil Criminal Cross Problems In Contract Fraud Cases

As Chinese economy undergoes rapid development and profound reform, the phenomenon of market participants contravening the principles of honesty and credit is a common occurrence, and crimes in the economic sphere gradually become prominent. As one of the important means of market transactions and media, contract, therefore, plays an increasing important role in people’s economic life. However, contract dispute and contract fraud activities are increasing, and criminal civil cross cases in the form of contract have been plaguing trial practice; as the social management is gradually mature, criminal laws and civil laws experience a transformation of“integration- division- convergence”. Although criminal laws and civil laws have different value pursuits and institutional purposes, the complicated judicial practice also proves that civil and criminal law integration no longer allows us to pretend superiority in a single closed theory. As far as the civil and criminal identification in contract fraud, although this issue has disappeared from the field of theoretical research, there are still procedural confusion in “first criminal after civil or first civil after criminal” and fuzzy boundary between “civil and criminal laws” in juridical practice.By “sing the same old song”, begins with the solutions of criminal and civil cross problems in judicial practice, determines the contract fraud case of second instance in H court as the research target after collecting materials, analyze data and case interview. Combined with the concrete condition of contract fraud and contract dispute in judicial practice, this paper sorts out a classification analysis method of criminal & civil coincidence and criminal & civil cross-cutting,takes the main line of the problems of identifying fraud behavior, fulfillment capability and illegal possession purpose, systematically expounds civil criminal cross problems in contract fraud cases;In the preamble part of Introduction to Comparative Law, Konrad Zweigert mentions that “Allrecognition and knowledge come from comparison”. This paper takes the perspective of the criminal and civil cross case in H court, compares with and draws on the latest theoretical achievement in the field of criminal and civil law, adopts the methods of research on theoretical literature, case analysis and interviews, summarizes the structure characteristics and inherent nature of criminal and civil cross-cases, seeks to find out solutions to ease the tension and confrontation between the criminal and civil laws. In the end, the paper will put forward a general solution to civil criminal cross problems in criminal fraud and civil cheat cases.