涉合同诈骗的民法规制

关于构成犯罪的涉合同诈骗问题,合同并不因一方当事人缔约时的诈骗行为构成犯罪而当然无效,而仍属于可撤销的合同。这种解释既有利于对被诈骗人的民事保护,又在所涉合同附有担保时具有显著意义。被诈骗人报案并非撤销权行使的法定方式,对诈骗人的有罪判决亦非法院批准撤销合同的有效形式。被诈骗人若放弃撤销权,可请求违约损害赔偿。合同被撤销时,诈骗人应负给付返还责任;若其犯罪行为致被诈骗人受有损害,其还应承担缔约过失责任或侵权。

The Civil Regulation of Fraud Concerning Contract

With regard to the problem of the fraud concerning contract constituting a crime,the contract is not certainly invalid due to the fraud behavior of one party when contracting but a voidable contract.This interpretation is not only beneficial for the civil protection of the defrauded person,but also plays a significant role under the circumstance of the concerning contract with guarantee.The defrauded person reporting a case is not the legal way to exercise the right of revocation,and a guilty verdict of the fraud is not an effective form for court to approve the revocation of contract.If the defrauded person abandons the right of revocation,he may claim compensation for damages for breach of contract.When a contract is revoked,the fraud should take the responsibility of returning the payment;when his criminal behavior causes the defrauded person to suffer damage,he should also bear liability for fault in conclusion of contract or tort liability.