ArticleOpen Access http://dx.doi.org/10.26855/jhass.2024.09.028
Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law
Xiaoyun Ni
Macau University of Science and Technology, Taipa 999078, Macau, China.
*Corresponding author: Xiaoyun Ni
Published: October 14,2024
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.
Keywords
Intersection between criminal and civil law; Crime of contract fraud; Civil contract fraud; Contract validity
References
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How to cite this paper
Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law
How to cite this paper: Xiaoyun Ni. (2024) Judicial Determination of Contract Fraud from the Perspective of the Intersection Between Criminal and Civil Law. Journal of Humanities, Arts and Social Science, 8(9), 2187-2191.
DOI: http://dx.doi.org/10.26855/jhass.2024.09.028