民事欺诈与刑事诈骗之比较研究-民商法专业毕业论文.docx

万方数据 万方数据 ABSTRACT With Chinas economic development, cheat, fraud cases begin to increase, problems about the conflict of civil cheat and criminal fraud cases become frequently in judicial practice. And Chinese is a country of ancient punishment. In the five thousand years of history in the corridor, legal development of China is never out of the characteristics of combination of etiquette and law, combination of all laws, regardless of peoples criminal, give priority to punishment. Because the long ancient legal tradition, ingrained Confucian culture and staggered relationship between civil law and criminal law multifarious effect on relationship between civil law and criminal law, people can not have a good understanding and grasp. Although in recent years the people crosse the books a lot, but the most study from the perspective of the judicial practice angle, to study the relationship between civil law and criminal law scholars is few. Relationship between civil law and criminal law especially the relationship between civil law and criminal law issues on the substantive law of considerable importance, in Japan in recent years it has become a hot topic of research, domestic concern and research is not enough. In addition, study on the relationship between civil law and criminal law is quite difficult, so far, in civil and criminal nature, civil and criminal, civil and criminal liability limit distinguishing aspects still has not formed the authoritative, unified view. Civil law and criminal law in the new social conditions are in the emergence of a more complicated, staggered difficult. Practical problems may links differences related to criminal and civil cases of urgent. This paper is mainly to study the relationship between civil law and criminal law from the two angles of cheat and fraud, mainly by the method of comparative analysis on the concept, the historical evolution of cheat and fraud, constitute to carry on the discussion, analysis and comparison of d