Contract Fraud

With the growing socialist market economy and improve the development of economic crimes showing a more subtle, complex character. 1997 "Criminal Law" will contract fraud from the general fraud in the isolated, it is the progress of China's criminal legislation performance of China's criminal legislation is also an important symbol of sound. Fraud is a contract to contract as a cover, covert means, the situation complicated and serious fraud against crime, in all types of criminal cases of fraud, contract fraud cases occupy a very high ratio. As a result of this crime not only violated the property rights of others, and more seriously disturbed the market order, has become the current criminal justice practice in hot spots. However, because of the crimes and the provisions are too general principle, coupled with the relevant judicial interpretations of the lag, how to identify contract fraud and judicial practice, there are a lot of controversy. Contract fraud not only retained the common crime of fraud common features, and show their own individuality, mainly reflected in the composition of their crime, a crime under China's Criminal Law is the decision of a specific acts harmful to society and the extent to The act constitutes a crime with all the necessary objective and subjective elements of the sum, therefore, constitute a crime of this research will inevitably become the focus of the content. At the same time, in an increasingly competitive market situation, the elements of fraud in order to achieve the interests of the pursuit of illegal, often using a contract that "lawful" under the fraudulent activities, so that the contract fraud and contract disputes are woven together, define the contract The content has also become necessary. Judicial practice in the form and content of contracts related to the scope of the crimes, can not distinguish between contract fraud and contract disputes will be brought to define the limits of the following consequences: either the contract fraud as a civil fraud, indulgence of the crime; Either in contract fraud as a civil contract fraud and error to pursue the criminal responsibility of the parties. Therefore, the correct definition of contract fraud and contract disputes, not only has major practical significance, as well as a major theoretical significance. However, the contract fraud and how that's different from the contract dispute are inseparable from a main line, which is the purpose of illegal possession of that, this article is based on the illegal possession of the purpose of research, trying to open the substantive features of contract and fraud, In performance, with a view to the judicial practice of accurate grasp of this crime.