Research On The Contract Effect In Crime Of Contract Fraud

In recent years,the use of contracts to commit fraud crimes is becoming more and more common,which involves an important civil issue involving the effectiveness of criminal contracts.After adding the public law factor of "crime",how the private law effect of the contract will be affected is a question worthy of further exploration.Due to the lack of clear legal provisions,China's current judicial practice of contract fraud involving the validity of the contract system is relatively chaotic,the local courts have different opinions,for a long time there is "invalid" and "revocable" and other views of the dispute,easy to cause the consequences of different judgments of the same case.In this case,how to find a reasonable effectiveness judgment path through the analysis of relevant theories such as the validity of contract is of great significance to the maintenance of contractual rights and obligations.Based on the existing theory and trial practice,this paper tries to find a reasonable way to judge the validity of contract fraud from the perspective of civil and criminal cross and demonstrates the rationality of this way from the current legal system.According to this idea,this paper can be roughly divided into four parts.The first part elaborates the status quo and disputes of the contract validity determination involved in the crime of contract fraud and leads to the theme discussed in this paper.As for legislation,there is no provision in the current law,administrativeregulations and judicial interpretation that directly regulates the validity of contract in contract fraud cases.In practice,reference to the Supreme Court on private lending judicial interpretation to judge.But the rules and its application scope is limited,difficult to play a common guidance effect.At present,the solution of this problem is in the dilemma that there is no clear norm to apply.In terms of trial practice,the author searched and sorted out relevant cases and found that the court system represented by the supreme people's court wavered on this issue.Its trial thought experienced a change from the traditional "invalid theory" to the dominant "effective theory" in recent years,but there was no unified standard.As far as academic disputes are concerned,there are four opinions on this issue,namely,"invalid theory","revocable theory","eclectic theory" and "disclaimer theory".However,from the perspective of existing studies,there are some defects in their arguments,and there is still some room for discussion.The second part is the starting point of the judgment of contract validity--the analysis of the crime of contract fraud.Through the analysis of the normative purpose and constituent elements of the crime of contract fraud,the specific characteristics of the fraud behavior are obtained,which lays a foundation for the judgment of contract validity.Is the purpose of the "criminal law" set up the crime of fraud of the contract signed in order to regulate the market economy environment,in the process of contract fraud,maintain the social system,then the contract effectiveness judgment should also adhere to this principle,the greatest extent to protect the interests of the victim and forced fraud people bear the adverse consequences,in the civil level "disciplined" them.The objects violated by the crime of contract fraud include property ownership and market transaction order,but the core lies in the protection of citizens' property rights and their trust in the contract system.From the objective aspect of the crime of contract fraud,contract fraud contains the elements of civil fraud,thus leaving the scope of application for the provisions of article 54 of the contract law on revocable contracts.The third part is the refutation of the "invalidity theory" of the contract involved,which mainly discusses the various reasons for claiming the invalidity of the contractinvolved.It is argued that the harm of contract fraud involved in the crime of contract damages the interests of the state has been excessively exaggerated,and there are unreasonable points.The judgment of the Supreme Court in recent years also refutes this view.As for the understanding of "concealing illegal purposes in a legal form",there are mainly the theory of concealing behavior and the theory of evading the law.No matter which theory is based on,the contract involved in the crime of contract fraud does not meet the conditions contained therein,so the application of this article should be excluded.As for the effectiveness of the contract involved in the crime of contract fraud,it should take the social public interest as the core,and make a substantive judgment with the help of the method of interest measurement and the normative purpose of the criminal law.The fourth part mainly discusses the path of judging the validity of the contract involved in the crime of contract fraud,which is the core content of this paper.In the judgment of effectiveness,we should stick to the principle of modesty and restraint of criminal law,the principle of dividing and ruling by people penalty and people penalty.Judgment is a matter of interest measurement,and it is appropriate to analyze it through the principle of proportion."Invalidity theory" does not conform to the principle of appropriateness,the principle of necessity and the principle of proportion in the narrow sense,so it is unnecessary to invalidate the contract.Since contract fraud necessarily constitutes fraud,the contract involved is deemed to be revocable according to article 54 of the contract law,which is also in line with the requirement of impartiality.