For the provisions of the basic connotation of the fraud in defferent countries, Fraud refers to the destruction of the principle of autonomy and violates the principle of honesty and credibility, and its constitutive requirements include two essential conditions:
The first step is the formal requirement that interprets the behaviors of the breach of the principle of autonomy ; the later step is the substantive requirement that explicates the behaviors of the breach of honesty and credibility.
There does not exist the clear provisions of the elements of fraud legislation in China, four essential conditions commonly apply to the juridical practices, and they are not only the formal requirement, therefore, the principle of honesty and credibilityof this substantive element should be added to improve our legislation.
This text investigates the concept of fraud in the first place, and then introduces the constitutive fraud requirements of the domestic and foreign related doctrines and that of the legislative practices in our country, so as toanalyze the necessities of the introduction of the principle of honesty and credibility on this basis for the constitutive elements of domestic fraud.
in terms of the basic content and regulation of fraud in various countries, fraud is the action that breaks the rule of self-rule and goes against the principle of honesty. the element of constituting a fraud should contain the following elements, one is formatic element, which proves that the action breaks the rule of self-rule, anoth one is substantial element, which proves that the actoin is against the rule of honesty. there is no specific regulations on the constituting elements of fraud in the legislation of our country, the four academic elements is ofen taken in the jurisdicial practice, which is only the formatic elements. therefore, the priciple of breaking honest, the substantial element should be added so as to better our legislation. this article first disscusses the concept and definition of fraud, then introduces the relevent doctrine on elements of constituting a fraud in outside countries and our country. Based on this, it analyzes the necessity of bringing in the principle of honesty as the constituting element for fraud.
楼主太吝啬了,都不给分。。。。。