Some Questions Of The Contract Fraud Crime Identification And Legislation Improvement

Contract behavior has grown in importance in position in highly developed modern society of market economy , and has composed the basis of the economy association and the country 's development. At the same time, the way of behavior is getting complicated gradually. Then, some people take contract as the means of defrauding the goodwill interested party's property .If this kind of behaviour is grave to a certain degree, the society business basis will be enroded inevitably. Because contract is the most fundamental behavior of market economy, the defrauding behavior will not only put the people's right of ownership of property in danger, but also destroy the economy order in the country. Therefore, in order to effectively prevent the the adverse effects of the crime on the market economy. And in order to ensure the victim's legitimate rights and interests, and firmly establish the concept of the contract, and safeguarding national economic security, it is necessary to research the contract fraud in theory and practice.After the contract crime of fraud was established in Criminal Law, scholars also started the research. And defrent people have deferent ideas on some problems. The author establish his own system through focuses on a few more controversial questions in the academic community,. First, scholars's views on how to definite the contract crime of fraud accurately and concisely, are deferent slightly. Second, scholars have great divergence on the range of the contract, which decides if a behavior is a crime or not directly. The author will bring forward his viewpoint on the scope of the contract through analysising the nature of the crime in order to increase the diffience of the application of the law. Third, as a subjective element of the crime, illegal possession was interpretated differently. Scholars have different ideas on how to identify the people's subjective purpose, how to interpretate the "illegal possession", and so on. . Of these questions ,the author will also put forward his views.Besides,the author will put forward his views bravely that sometime the objective aspect of contract fraud and "breach of contract" acts are exactly the same. So we can not determine the subjective purpose of the people by the approach of "an objective act is a performance of the subjective purpose" , and thus to determine whether the act constitutes a crime. For the protection of fundamental rights of citizens, criminal law should be to make the necessary silence. This paper will make a more in-depth demonstration for the overlap of the two behavior areas and their performance.And try to find the reasons from the civil liability for breach of contract, in order to give a reasonable explanation for the establishment of a complete logic system..Finally, the author will explore the problem of existing legislation, and put forward some reasonable proposals to improve the existing laws with a view of assisting the theory and judicial practice.