| More than 30 years of reform and opening-up, with the rapid development of economic construction, I the deepening of the socialist economic system reform, to complete the transaction in the form of contract is more and more common. Followed by use of contract fraud behavior also increasingly rampant, I haven’t revised criminal law in 1997, the economic fraud is belonging to fraud. With the economy booming, diversification of the way to trade, the economic fraud cases is becoming more and more complicated. In 1997 of the criminal law revised contract fraud when the new economic crime arises at the historic moment. Getting rid of the crime of fraud of the contract from the crime of fraud, and from the property crime in the order of the socialist market can effectively crack down on the crime of contract fraud crime, protect the ownership of public or private property and the national contract management system and standardize the market order. In the judicial practice, often the contract fraud and crime of fraud, crime of fraud of the contract and contract disputes, contract fraud and civil fraud confusion together, always lead to the fact that is not clear. So in order to clarify the contract fraud and other charges as well as the difference between illegal, to benefit the judicial work accurately in the crime of fraud of the contract. This article tries, from the perspective of the specific case, combining with the theory, emphatically demonstrates the crime of fraud of the contract of crime of fraud of the contract, the contract form and the meaning of with the boundaries and other crimes, etc and puts forward opinions on the crime of fraud of the contract legislation perfect. About 15000 words, this paper mainly divided into the following several parts:The first part: introduction to cause of action, and the focus of controversy. This part mainly refers to the three specific case analysis and points out the focus of the case of the problem.The second part: this part analyzed the meaning of the crime of fraud of the contract, the meaning of contract in contract fraud, has been clear about the crime of fraud of the contract in the form of a contract, contract fraud and is not a crime, and the boundaries with other charges. This paper argues that the crime of fraud of the contract in the contract should not only refers to the written contract, and should also include oral agreement is not written in the form of contract, to hold the subjective purpose of the crime of fraud of the contract and must use contract to implementation of two key element of the fraud means, from the specific case of the definition of the crime of fraud of the contract for more in-depth research and demonstration.Part iii: this part comprehensive article second part analysis of the crime of fraud of the contract related issues, combining the theory and practice of criminal law on the crime of fraud of the contract legislation perfect puts forward some Suggestions. |
