不作为的诈骗罪与不当得利的界分

On Divisions Between Fraud Crime of Omission and Unjustified Enrichment

刑民分界是近年来我国法学研究中的一个热点问题。在实践中,多数案件都可以明确地界定为刑事案件或者民事案件。但是,对于那些处于刑事和民事边缘"模糊地带"的案件应当如何处理,是司法机关面临的一个难题。

The boundary between crime and civil wrong has become a fascinating study field in academic articles in recent years. In judicial practice, most eases could be defined as criminal case or civil case definitely. However, it is a difficult problem to deal with those cases that locate in the edge zone between criminal case and civil case.