Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law

In recent years, there has been a growing number of cases that involve the intersection of criminal and civil law within judicial practice. Among these, cases where contract fraud intersects with civil contract disputes are particularly typical. Although criminal law and judicial interpretations provide specific regulations regarding the elements that constitute the crime of contract fraud, the involvement of contracts as civil actions complicates the adjudication of many contract fraud cases. This complexity necessitates a careful examination of the relationship between criminal and civil law, making it a topic of significant research value. This article takes contract fraud cases as an entry point to analyze the causes and main points of contention in the intersection of criminal and civil law. It examines the legal application and adjudication models in judicial determination from both substantive and procedural perspectives, identifies the judicial dilemmas present, and, based on this analysis, offers feasible suggestions.

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Publication Details

Journal
Journal of Humanities Arts and Social Science
Published
2024-10-14
DOI
https://doi.org/10.26855/jhass.2024.09.028
Primary Topic
Education, Law, and Society
Type
article
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article

Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law

Xiaoyun Ni
Journal of Humanities Arts and Social Science
Education, Law, and Society
article

Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law

Xiaoyun Ni
article en

Abstract

In recent years, there has been a growing number of cases that involve the intersection of criminal and civil law within judicial practice. Among these, cases where contract fraud intersects with civil contract disputes are particularly typical. Although criminal law and judicial interpretations provide specific regulations regarding the elements that constitute the crime of contract fraud, the involvement of contracts as civil actions complicates the adjudication of many contract fraud cases. This complexity necessitates a careful examination of the relationship between criminal and civil law, making it a topic of significant research value. This article takes contract fraud cases as an entry point to analyze the causes and main points of contention in the intersection of criminal and civil law. It examines the legal application and adjudication models in judicial determination from both substantive and procedural perspectives, identifies the judicial dilemmas present, and, based on this analysis, offers feasible suggestions.

Journal of Humanities Arts and Social ScienceVol. 8(9)
Macau University of Science and Technology (MO)
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Education, Law, and Society
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Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law — Xiaoyun Ni · Journal of Humanities Arts and Social Science (2024) | TGRS Research Map | TGRS