Research On Fraud In The Perspective Of Criminal And Civil Relations

In general,the research of criminal offense of fraud are concentrated in two areas: First,in the field of criminal law within its own analysis of the various constituent elements;Second,it is as the starting point to identify between criminal fraud and civil fraud,distinguish between the two forms from the norm,to provide applicable legal norms for the judicial practice..In this paper,the relationship between criminal law and civil law is the logical starting point to explore the differences between civil fraud and criminal fraud from the essence.Meanwhile,on the overall of fraud,dispose of property behavior is punished people into understanding the inner meaning of the appearance of false representation,property disposition and sanction people united in a false understanding of the meaning of representation among,in fact,table relationships.Accordingly,the author use civil law meaning expressed as an angle,the crime of criminal fraud disposition and misconceptions in-depth analysis.In addition,due to the crime of criminal fraud is property crime,in the objective requires a property loss,whereby use value and disposal value of the property to build a criminal law content property damage general meaning,and to identify specific property the damage were analyzed.Thesis is divided into four parts:The first part of this paper is the problem of lead-out portion.I uphold the problem awareness,research on the status of the criminal offense of fraud were consolidated and presented research problem.The second part of this thesis is to study the difficulties.On the basis of the existing research on the relationship between civil law and criminal law,from the adjustment of the object and legal evaluation of the facts,both demonstrate the relationship between criminal law and civil law,for the later laid a theoretical basis.The third and fourth part of this thesis research focus.Adjusted according to the difference criminal and civil objects,combined with human rights protection function of criminal law,criminal fraud fraud evaluate facts must have widespread violations of property rights of others,in order to guarantee citizens’ autonomy,limiting the interference of state power,specifically in the whether the behavior is criminal fraud,it is a matter of the need to examine the direct fraud against whether related to the rights to dispose of the universal meaning,in the transaction is the typical features of the transaction,including the consideration of a specific purpose and will not exclude other popular personal interests the matter set.Meanwhile,the intention is that the angle of the property disposition can not separate whether it is necessary to dispose of consciousness,but should be at the disposal of people have realized the mistakeof combining the premise,put down a conceptual understanding of the meaning.Elements of this understanding in line with elements of fraud can cause people to dispose of understanding into error and then dispose of property of features to make the integration of the various fraud losing logic and thoroughness.In addition,the type of fraud belong to acquire property crime,claim possession of relations of domination objective is broken,and this dominance is whether to break the victim of harm caused property damage,the key is for the victims in terms of property,whether its value can be achieved.Because of differences in criminal law and civil law adjustment object,so that victims of criminal law in the appraisal of property use value and exchange value of domination,in order to protect fraud can cause a similar threat against the property rights of others will not pay more attention to victims dispose of property general content,which destroyed the domination of the relationship with a specific person to person is put in the Civil Law.Finally,criminal damage to property based on a general definition of fraud,combined with Criminal and Civil Relations on illegal reasons to pay and other special property were analyzed.