Study On Contract Effectiveness Of Loan Fraud

Cross-cutting issue has always been a relatively headache in the legal profession,it involves two different areas of sectoral law —— criminal law and civil law.Therefore,to study the problem of the intersection of criminal and civil needs to be explored from the criminal and civil aspects.This article is to solve the problem of loan fraud in the cross-problem of the validity of the contract will also involve the two legal departments,this is the text of the idea.To sum up,to solve the problem of the validity of the contract will inevitably involve civil legal norms,but to talk about the contract involved in crime,we have to mention the act of loan fraud.Cross two departments,distinguish and link.The difference between the protection value of criminal law and civil law,the study should "circle around ",but also " drill the corner",can not be said to be a difficult journey.Discussing the validity of contract necessarily involves the concept of civil fraud,which is also a focus of the article.However,the civil part needs to be put in the end,before still need to discuss how the loan fraud crime to influence the effectiveness of the contract to do a specific exploration,that is,to discuss the criminal part.The criminal part,as the core of the first discussion in this paper,is to explain clearly the relevant elements of the criminal act,especially when it comes to it On the issue of fraud,and civil fraud to carry out a cocoon of comparative study.If we can distinguish fraud from fraud,it is easy to discuss the validity of the contract in the civil part.In the core part of solving the problem,the author puts forward the tort evaluation of criminal fraud and introduces the theory of legal prohibition in German civil law,in order to make up for the incomplete relevant legal system in China or to innovate.In the core part of solving the problem,the author puts forward the tort evaluation of criminal fraud and introduces the theory of legal prohibition in German civil law,in order to make up for or innovate the incomplete legal system in China.The author holds the view that the contract is invalid according to the principles ofcivil evaluation of criminal fraud and the nature of loan contract instrument,so as to achieve the harmony between criminal law and civil law on the evaluation of the same legal fact.