On Crime Of Contract Fraud

Crime of contract fraud is separated from the ordinary crime of fraud since the revision of criminal law in 1997, and it is one of the crimes emerging with the development of our socialism market economy. The present criminal law is somewhat to the rules, so it greatly influences the operation of justice practice. This paper gives a systematic research and elaboration on crime of contract fraud in five parts.Part one: definition of crime of contract fraud. To give a definition is the condition of researching the crime of contract fraud. This paper firstly points out the features of crime of contract fraud, and then concludes the definition of crime of contract fraud, that is , the actor's purpose is to occupy illegally , in the process of signing and fulfilling the contract, the actor makes up the fact, conceals the truth to gain the counterpart's property and money, and disorder market economy. The author also emphasizes the necessity and significance of establishing crime of contract fraud .Part two : the main components of offending crime of contract fraud. The paper first points out the connotation of the objects of committing crime of fraud. And the objects are complicated which could be divided into major object—market transaction order and the government's system of contract supervision and minor object—the public and private property ownership. It's made clear that the target of crime of contract fraud is not only properties but also contract. There is detailed definition and explanation about "contract" in crime of contract fraud. The writer explains the four aspects of the objective aspects of crime of contract fraud according to criminal law (item 224) and then explains the implications,occurring time,defining and whether indirect deliberately commit the crime.Part three covers several special justice defining situations, that is a). the boundary of crime and non-crime of contract fraud; b).the boundary of crime of contract fraud and fraud load fraud crime of lemon producing and selling, note fraud c). attempted forms of contract fraud, forms of joint offence and forms of multiple crimes.Part four involves the penalty application and the rules of punishment.At last, in the conclusion part, the writer discusses the features of contract fraud and the current situation of legislation , then points out the strategies of preventing contract fraud, that is to strengthen monitoring, to improve the market contracting ability , to increase the deterrence of law sanctions, to strengthen social control, and to raise commercial moral, build market credit.