Research On The Crime Of Contract Fraud

The crime of contract fraud is a newly-added crime in the criminal code in 1997. At that time,the contract law is not promulated,and the market economy is in its primary stage. But with the contract law promulated and the market economy further promoted,many improvements are needed as to the crime of the contract fraud.Firstly,the essay has stressed its rational basis% necessity and urgency of the existence of the contract fraud crime in the criminal code. All the analysis is based on the idea that the fundamental difference between the crime of contract fraud crime and the crime of cheating is not just in the means or method.Secondly,the author has analyzed the constitution of the crime of contract fraud and put forward his own ideas. The author holds that the object,of the crime of contract fraud should be the principle of honesty and credit and the right of ownership ;while counting the number,one should fully consider how much the violaters have got,the sum the contract concerns and the loss of the victims;the contract forms in the crime should be written ones;the contracts should cover all the. contracts in the contract law and the labour contracts.Thirdly,the essay has discussed the boundary line of the crime and the non-crime,this crime and that one. All of them are somewhat inrelation to the crime of contract fraud.Finally,the essay has analyzed the present situation of honesty and credit in China,the author has put forward the idea that a new crime of contract cheating should be added into the criminal law. First,it is the make-up article of crime of contract fraud;Second,it can help rebuild the social culture and improve the sense of honesty and credit of the citizens by means of punishing those who violate the right of use.