The Determination of Contract Validity in the Overlapping Criminal and Civil Cases

In the overlapping criminal and civil cases,the determination of contract validity is often neglected in criminal trials due to the strict boundary between criminal and civil and a deep-rooted inclination of preferring criminal to civil law in judicial practices.Despite some judicial regulations on the overlapping criminal and civil cases,there still remain serious defects because these regulations touch little on the issues involving civil law.Contract is a typical case of private behaviors.In contract disputes,if it involves criminal crime,criminal liability should be undertaken according to the Criminal Law.However,the determination of contract validity must be based on the corresponding items in the Civil Law and the Contract Law.