Research Of Knotty Problems On Contractual Fraud Crime

Needless to say,the contract plays an important role in the market economy as a bridge and link.with the deepening and constinous progress of the pace of reform and opening up,the establish and perfect of the socialist market economy,the role and impact of contract in our economic life is increasingly common and more and more important.the corresponding is more and more rampant criminal activities of uesing contract,and the social harm is more and more serious.Among them,contractual frand crimes are particular.In recent years,contractual fraud crime showed a high incidence trend.According the statistics of economic investigation department in the public security organs,in the judicial practice,such cases accounted for more than 50 percent of fraud cases,individual developed areas is as high as more than 80 percent.Contractual fraud crime has become one of Chinaese current mainstream form of economic fraud crimes.And its harm is great to society,not only is extremely harmful to business ethics of the market economy,but also deteriorate the trading environment,affect the safty of transactions,cause great confusion to social and economic life.so seriously disrupted the normal order of socialist market ecomomy,do incalculable harm to the legal property of the state,collective and individual citizens.However,because of this crime use contract form as its cover of legitimate.and the methods of this crime is complexity,hidden and deceptive,and Chinaese law on this crime is not clear,operability is not strong,so in the theoretical study of the criminal,how to accurately and correctly identify contract frand crime,there are some different views and intense controversy.The relationship between theory and practice is a dialectical unity,this direct cause the swing of judicial practice.Theoretical confusion directly cause the difficulties in judicial practice.The lack of theoretical research,also led directly to when investigators in the process of contract fraud case,often can not correctly distinguish crime or not,and is this crime or other crimes,so can not accurate conviction and sentencing.and thus can not be stable and accurate contractual fraud combat to protect the good of the socilist market economic order.In view of these considerations,I follow the "theory with practice and serve the actual"principle,according to the criminal law theory of china and foreign advanced,and combined with chinese current judicial practice,do a detailed analysis and verification of resolving to the more important four long-standing difficult problems of the law and judicial application of the contractual fraud crime, to in benefit of the judical practice of the contractual fraud crime.The first part of this contract is the content,scope and form problem of the contractual fraud crime.This part of the paper first according to the contract of this crime——destruction to the socialist market economic order and violations of property rights and interests of a party to the contract decided that the characteristics the contract of this crime should possess which according to define its meaning and scope of reasonable.Then according to the china market transactions objectibe reality of entered into contracts,and the legislative intent of this crime,criticized the contract which say the form of this crime can only view of writing,and consider whether in writing or orally,or other forms of contract should be able to become the contract of this crime.In the second part is identificate the purpose of illegal possession in this crime.In first,I analyzes the meaning of possession in the civil law;then according to the different legislative purport and law functions of criminal and civil law to define the meaning of possession of the criminal law.Finally,we compare domestic and foreign for the purpose of illegal possession,consider that the illegal practice in line with our legal status and the spirit of criminal legislation,so is more preferable;and at last I advocate that use the the criminal acts of presumption to identify the syetem of "purpose of illegal possession".The third part is combate the amount in this crime and its calculation standards.I first comprehensivly analysis the theory of the criminal law on standards for determining the amount of this crime,and consider we should be based on specific crime patterns to dientify the amount;then analyzes the criminal law and judicial interpretation,according to the principle of subjective and objective,and consistent of guilt suiting, demonstrated the amount and the dientification standards and methods of calculation in this crime.In the fourth part,I focuses on the relevant forms in crime problems of contractual fraud crime which divided into two facets.The incompleted prototype problems of contractual fraud crime----including the standards of accomplished and attempted of contract fraud crime and the standards of preparation and attempted of contract fraud crime;the crime amount problems----including imlicated issues and coincidence of articles of contract fraud crime.