从“义务群”谈合同纠纷与合同诈骗

Talking about the Contract Dispute and Contract Deceit from the Duties within the Contract Law

究竟是合同纠纷还是合同诈骗,特别是在民事欺诈情况下的合同纠纷,一直是司法实践和学界研究中的一个难点。不管是民事纠纷还是合同诈骗,其共同基础是违反义务。逻辑上讲,先有义务,才有责任,才能进一步区分是民事责任还是刑事责任,因此首先从合同法的义务群谈起,才能从根本上剖析构成合同诈骗所违反的义务,在此基础上再解读构成合同诈骗的内涵。

The problem of contract dispute or contract deceit, especially the contract dispute in the civil case, has been a difficult issue in the judicatory practice even educational circles. The common ground of civil case and contract deceit is to breach the duty, logically speaking, duty first, then responsibility, further, to distinguish civil case from crime responsibility. The boundary of contract dispute and contract deceit lies in whether the party concerned breaches the main contract duty of the duties and on this foundation to reconstruct the content of contract deceit.