论文

According to the definition of fraud in different countries, fraud refers to the behaviors in violation of the principle of autonomy of will. There are two constitutive requirements for fraud, namely, formative condition that confirms behavior in violation of the principle of autonomy will, and substantial condition that confirms behavior in breach of the principle of good faith. There is no clear definition of fraud in China's legislation yet, and instead, the four elements theory which dominates the academic circle is commonly adopted in the judicial practices. But the four elements only provide formative condition for fraud, so violation of the principle of good faith should be introduced to improve the current legislation in China. The paper first explores the concept of fraud, then introduces theories about constitutive requirements for fraud at home and abroad, along with China's legislative practices over constitutive requirements for fraud, it also goes on to analyze the necessity to include the principle of good faith as a constitutive requirement for fraud in China.