Is commercial fraud civil or criminal?

Commercial fraud is a civil act. Civil fraud is to induce the other party to engage in civil acts with oneself through deception, such as signing contracts, conducting transactions, etc., and indirectly obtaining illegal benefits through the performance of civil acts by both parties; while criminal fraud is to directly obtain other people's property through deception. Regarding the question of whether commercial fraud is civil or criminal, the editor of Legal Savior Network will give you a detailed answer below.

1. Is commercial fraud civil or criminal?

1. Commercial fraud is It is a civil act. Civil fraud is to induce the other party to engage in civil acts with oneself through deception, such as signing contracts, conducting transactions, etc., and indirectly obtaining illegal benefits through the performance of civil acts by both parties; while criminal fraud is to directly obtain other people's property through deception. The extension of civil fraud is much larger. All dishonest behaviors in relationships with civil rights and obligations can be classified into the category of civil fraud.

2. Legal basis: "Civil Code of the People's Republic of China"

14 Article 18: If one party uses fraudulent means to cause the other party to perform a civil legal act against its true intention, the party that has been defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 149: A third party commits fraud, causing one party to commit a civil legal act contrary to his true intention, and the other party knows or If the fraudulent behavior should be known, the party affected by the fraud has the right to request the people's court or arbitration institution to cancel it.

"Criminal Law of the People's Republic of China"Article 266,Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to three years in prison If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

2. Establishment of commercial fraudWhat are the case standards

1. Signing a contract with a fictitious unit or in the name of another person;

2. Use forged, altered, invalidated bills or other false property rights certificates as guarantee;

3. No actual performance Ability to induce the other party to continue signing and performing the contract by first performing a small amount contract or partially performing the contract;

4. Accepting goods from the other party , payment for goods, advance payment or guaranteed property and then disappearing;

5. Using other methods to defraud the other party of property.

In summary, commercial fraud is a civil act. The subject of commercial fraud may be an individual, an economic organization or other organizational institutions, and commercial fraud will be investigated for legal liability. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.