Comparative Study Of Contract Fraud Crime And Contract Fraud

Contract fraud crime and contract fraud is different legal departments, it can easily confused by the two concepts but a correct understanding of both the judicial practice will undoubtedly provide a good guidance.Chapter I - the theory of contract fraud contract fraud crime. This paper aims to explain and identify contract fraud crime and contract fraud. First, the origin of contract fraud crime history, domestic and international regulations related to contract fraud crime. Second, the concept of contract fraud and basic composition is the subjective intent and purpose of direct intention only to illegal possession. Third, the basic concepts of contract fraud, elements, and civil fraud, contract fraud described the differences and connection that help to differentiate.Chapter II - the legal difference between contract fraud crime and contract fraud.First, from the macro perspectives , analyze difference between criminal and civil behavior. The specific criminal offenses and civil violations is the essential features and differences between criminal and civil wrong is different. Second, compare with fraud and misrepresentation in the context of two words, compare with contract fraud crime and contract fraud, the purpose the subjective and objective comparison of behavior concluded that "regardless of whether the office is its ability to perform, whether the actual performance, degree of fraud, whether subjective purpose of illegal possession is the key difference between the two. " Meanwhile, fraud in the contract whether the fraud could be labor, services, and many other differences in practice have put forward their views. Third, analyze the purpose of illegal possession. The meaning of illegal possession of Professor Minoru Otani of Japan cited the "rule out consciousness" and "use of means." Meanwhile, the criminal law "illegal possession of purpose" and civil "illegal possession" were made legal discrimination, that the civil status of the illegal possession of a truth, its essence is wrongful possession.Chapter III– Analysis of classical case of judicial practice.Analyze the classical cases which are contract fraud crime and contract fraud behavior. The cases included the rights on disposal of real property, sales of house to two or more parties.Analyze and determine the situation of the victim of contract fraud crime and the victim's property disposition, etc. in order to benefit the judicial practice.