Analysis of the Guarantor Status of"Non-Act Fraud"Under the Perspective of Personal Autonomy Legal Interests
The analysis of non-act fraud,grounded solely in the traditional framework that exclusively considers the objective di-mension of legal interests,lacks comprehensiveness.A paradigm shift toward an individual-autonomy-oriented legal-interest per-spective is imperative.This transition involves a nuanced examination of the subjective facet of"autonomy"within the context of fraudulent activities.The delineation of the scope of"autonomy"should be subject to meticulous constraints associated with so-cial efficiency,security considerations,and the dialectical synthesis of freedom values interwoven among individuals.In order to fulfill the prerequisites for equivalency assessment and the demarcation between civil and criminal fraud,it is plausible to adopt the standpoint advocated by the theory of controlling the source of danger.This perspective confines the guarantor status in cases of non-genuine non-act fraud to judicious assessments founded on the potential harm inflicted upon the deceived party and the in-herent challenges associated with providing redress.
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