Contract fraud and contract fraud under the two legal department but easily confused two concepts, proper understanding of both will undoubtedly play a very good role in " />

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Comparative Study of Contract Fraud Crime and Contract Fraud

Author: XieZuo
Tutor: MaoLingLing
School: East China University of Political Science
Course: Legal
Keywords: Contract fraud Contract fraud The junction of the Criminal and Civil Detinue Real Estate Transactions
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 265
Quote: 0
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Abstract

Contract fraud' dissertation">Contract fraud and contract fraud under the two legal department but easily confused two concepts, proper understanding of both will undoubtedly play a very good role in guiding judicial practice. The first contract fraud, contract fraud Theory of. This paper aims comparison of contract fraud and contract fraud, contract fraud correctly identified. Therefore, first a summary deals with the origin, history of contract fraud, as well as domestic and foreign related contract fraud provisions. Second, the concepts and basic component of contract fraud. Particular subjective intent only direct intent and purpose of illegal possession. Third, the basic concept will contract fraud elements with civil fraud, elaborated on the differences and relations of contract fraud, paving the way for later Discrimination between a theory. Chapter II Law Theory of contract fraud and contract fraud. The article first from a theoretical analysis of the boundaries of the Criminal and Civil macro. Because the essential characteristics of specific criminal and tort differences and the differences between criminal and civil wrong. The roots of these problems, the more likely to contract fraud and contract fraud Comparative Study. The second, from fraud and fraud of the two words in the context of legal norms to compare subjective purpose of contract fraud and contract fraud, the objective behavior concluded, that \fraud to what extent, subjective purpose of illegal possession is the difference between the two key Meanwhile, contract fraud, fraud object can put forward their point of view is the labor, services, and many other divisive issues in practice. Third, is devoted to the purpose of illegal possession. Japan Otani Professor Minoru exclude consciousness \At the same time, the purpose of illegal possession of criminal law and civil \Of illegal possession of the civil state is a fact, the essence of the illegal possession, does not require the parties to illegal possession subjective intent, as long as the existence of acts and up to a certain extent it will bear corresponding civil liability; purpose of illegal possession of criminal law subjective perpetrator intentionally as a precondition. The third chapter analyzes and discusses the typical case in the judicial practice. Analysis summarized some special cases, including the case identified the purpose of illegal possession of contract fraud, civil fraud right disposition of real estate, the room selling case. Applicable to the analysis of the case law and identified key issues of contract fraud, fraud, acts of disposition of property of victims, victims of property loss again made a comb, to the benefit of judicial practice.

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