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合同一方当事人和第三人合意假借订立合同的名义,与他人进行磋商是一种欺诈行为,实属违法行为应承担民事责任,但现行法律存在漏洞,使得不能追究其共同责任。我国可以借鉴国外做法,将合同缔约协助欺诈者的行为定性为侵权行为,又因缔约过失的性质为侵权责任,所以可以将合同缔约过程中的共同欺诈认定为共同侵权,进而共同欺诈者按照《侵权责任法》的相关规定承担责任。
It is fraudulent to negotiate with others in the name of the conclusion of the contract by a party and a third party of the contract. It is a criminal act that is unlawful and should bear civil liability. However, there are loopholes in the existing laws that make it impossible to pursue their joint responsibility. China can learn from foreign practices, the contract contracting assistance fraudstrong acts as infringement, and because of the nature of the contracting fault for the tort liability, so the contract can be found in the process of contractual fraud as a common infringement, and then the common fraud in accordance with the “ Tort Liability Act ”the relevant provisions of the responsibility.