民事欺诈和刑事欺诈的界分

The Distinction Between Civil Fraud and Criminal Fraud

民事欺诈属于民事不法,刑事欺诈属于刑事犯罪,两者之间虽存在重大区分,但在司法实践中却极易混淆。民事欺诈和刑事欺诈都以欺诈为行为特征,民事欺诈可以分为民事违约的欺诈和民事侵权的欺诈;与之对应,刑事欺诈可以分为虚假陈述的欺诈犯罪和非法占有的刑事诈骗。对于民事欺诈和刑事诈骗,应当从欺骗内容、欺骗程度和非法占有目的这三个方面进行界分,从而为正确地认定刑事欺诈犯罪提供刑法教义学的根据。

There is a huge difference between civil fraud and criminal fraud.Civil fraud belongs to the category of civil wrongs but criminal fraud to the category of criminal wrongs.However,in judicial practice the distinction between these two categories is blurred.Civil fraud and criminal fraud share the characteristic of being a fraud.Civil frauds can be divided into fraud in civil violation of contract and fraud in civil infringement of rights.Correspondingly,criminal frauds can be divided into criminal fraud of false representation and criminal fraud with illegal intention to possess.The distinction between civil fraud and criminal fraud should be made according to the content of cheating,the degree of cheating and illegal intention to possess,by which the conviction of criminal fraud can be based on a solid doctrinal theory.