The Judicial Differentiation Between Contract Fraud and Civil Deception

Abstract

Distinguishing between the crime of contract fraud and civil deception correctly is a significant challenge in judicial practice. The author analyzes from the perspective of the unity of subjectivity and objectivity, proposing that the distinction between the two should be based on a substantial evaluation. Objectively, it is necessary to determine whether the content of the deception constitutes a core element of the transaction and whether the degree of deception prevents the victim from achieving their transactional objectives. Subjectively, the purpose of illegal possession should be judged by considering the comprehensive ability to perform, performance behavior, disposal of property, and post-event attitudes, with particular attention to cases involving good faith acquisition and apparent agency, respecting the arrangements of civil law institutions. By establishing a scientific review process and unified criteria for identification, economic disputes can be effectively prevented from being criminalized, and judicial fairness can be maintained.