Both criminal fraud and civil fraud refer to the infringement on the illegitimate economic interests of others caused by deception. The difference is that criminal fraud is a criminal act, which violates national laws and regulations, involves public interests and social order, and should be punished. Civil fraud is a kind of civil dispute, which only involves specific personal interests and needs to be solved through civil litigation. Criminal fraud can be divided into fraud and duty embezzlement. Among them, fraud refers to the act of defrauding public and private property by means of false facts or concealing the truth; Embezzlement means taking advantage of one's position to occupy public property, unit property or personal property. According to the provisions of the Criminal Law of People's Republic of China (PRC), criminal fraud has violated public interests and social order, and criminal suspects should be punished. Civil fraud refers to the act of using false statements and concealing important facts in economic transactions and civil activities, which leads others to make wrong decisions and bear losses. Civil fraud is a kind of tort, which must be dealt with through civil compensation or other civil remedies. When judging the difference between criminal fraud and civil fraud, we should consider the nature of the behavior, the objects involved and its influence on social order.
What should I do if it involves both criminal fraud and civil fraud? When dealing with criminal fraud and civil fraud, we need to distinguish the nature of the behavior first. If the act belongs to the category of crime, it shall be reported immediately and accepted by the public security organ for investigation and handling. If the behavior only involves civil disputes, it needs to be resolved through civil litigation according to law. In practice, the boundary between criminal fraud and civil fraud is not always clear, and it needs to be comprehensively analyzed and dealt with according to specific circumstances.
Both criminal fraud and civil fraud infringe on the illegitimate economic interests of others, but there are obvious differences in nature and handling methods. In work and life, we should respect laws and regulations, strengthen risk awareness, improve prevention and response capabilities, and avoid becoming victims of criminal fraud or civil fraud.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated.