Legal Analysis Of The Case About The Crimeof Contract Fraud Of Dongsheng Lin

Contract fraud is one kind of crime which cheat property out of others.It has been playing a positive role in protecting the dealing order of China's socialist market and the property right of litigants since its establishment.However, there are still some doubts and differences in criminal law theory at present. There are also the legal basis for non-uniform, Recognizing inconsistencies in practice. Thus strengthening the study of contract fraud has a very important theoretical and practical significance. Paper is based on criminal law theory, and the judicial practice, combined with cases.The article mainly includes:the comprehension of "contract",the difference between contract fraud and fraud,contract fraud and contract disputes.conducted a preliminary study with a view to contribute to the judicial practice, the accurate grasp of this crime.This article consists of three parts, about more than 20,000 words, the main contents are as follows:Part I:Basic facts and legal issues raised. This section first introduces the basic situation of the case and court hearing the situation, and then pointed out that the focus of controversy cases and cases arising from legal issues.Part II:Legal analysis of contract fraud which triggered by the case. According to the first part of this section, the questions raised by the contract fraud in the "contract", as well as contract fraud and general fraud, contract disputes, the boundaries of a theoretical study carried out, combined with these theories of the Dong-Sheng Lin a contract to conduct a legal analysis of fraud cases.Part III:Countermeasures of Contract fraud. Perfect contract fraud legal construction; intensify efforts of combating contract fraud crime; strengthen enterprise internal contract management, improve precautionary capacity of units and individuals; strengthening legal supervision and legal publicity.