An Empirical Study On The Difference Between Civil Fraud And Criminal Fraudon

At present,China’s reform and opening up has continued to deepen,the market economy has expanded unprecedentedly,the number and frequency of market transactions will inevitably continue to accelerate,and related legal issues have also increased.For example,contract fraud cases where the number of crimes has soared in recent years.However,in judicial practice,fraud in civil disputes and fraud in criminal cases are easy to confuse.How to distinguish between civil fraud and criminal fraud has become a difficult problem in the legal profession.Because there is no unified standard,there are often different judgments in the same case.In judicial practice,there are many cases where criminal fraud is recognized as criminal fraud.This greatly reduces the credibility of the judicial system and hinders the construction of the rule of law in China.There are many similarities between civil fraud and criminal fraud.Whether it is from the subjective aspect of the actor or the objective performance of the behavior,it is easy to confuse people.The main reason is that both of them use fraudulent means to conceal the truth and fictitious facts as the main external features,and obtaining benefits is the purpose of the two to use fraudulent means.But because the two belong to two different legal categories and the legal consequences are very different,it is of great significance to distinguish between civil fraud and criminal fraud.In judicial practice,because of the indistinguishability between civil fraud and criminal fraud,public security organs often passively intervene in civil fraud cases.In this process,not only the valuable judicial resources of the country are wasted,but also cause litigation to the parties,and more serious damage.Judicial authority.The author believes that the effective and efficient distinction between civil fraud and criminal fraud should be compared and analyzed in terms of the purpose of illegal possession,the object of fraud,and the degree of fraud,so as to clearly distinguish the boundary between civil fraud and criminal fraud.