A Study On The Judicial Determination Of Contract Fraud

In recent years, with the rapid development of China’s market economy, the contract as a medium of economic importance has become increasingly prominent. In the market economy society, the relationship between the market players is more and more established, changed and terminated by the contract. At the beginning of China’s criminal law legislation, contract fraud crime is not independent of the charges, but was included in the crime of fraud, in 1997 after the amendment of the criminal law, it was the first time to establish a separate crime contract fraud charges. However, due to the provisions of the crime of contract fraud has a high degree of abstraction, generality characteristics, so to bring certain difficulties to the judicial determination, there are many problems in the judicial identification. In the field of judicial determination, there have been many studies in the field of law, some of them have been solved, but some problems still need to be further studied. In this pper, some of the issues which still need to be studied deeply, and hope to be able to solve these problems and put forward effective solutions. The content of this paper is divided into the introduction, the first chapter, the second chapter, the third chapter, the fourth chapter, the fifth chapter and the conclusion. In the introduction, the thesis introduces the research trends, research methods and the innovation points of the judicial cognizance of the crime of contract fraud in the legal profession. The first chapter describes the overview of the crime of contract fraud, contract swindle of China’s legislative history makes the simple introduction to the, points out that our country enacted in 1979 Criminal Law did not make clear provisions of contract fraud, to make its clearly defined is the criminal law revised in 1997; analyzed with crime of fraud crime composition of the profile. The second chapter describes "the purpose of illegal possession" judicial determination of the issue, the meaning of "the purpose of illegal possession" are analyzed, on the stage of "the purpose of illegal possession" in this paper, fuzzy boundaries on this caused the crime of contract fraud and civil fraud are analyzed and put forward the solution. The third chapter analyzes the "property" of the judicial identification problem, expounds the concept of "property" should be to the people familiar with the language habits defined as basis, range restricted the flow of contraband, with statutory license conditions, is to belong to the scope of the contract fraud refers to the "property", and intellectual property and property interests all is not a contract fraud crime refers to the "property". The fourth chapter analyzes the "amount" of the judicial identification problems, respectively, the analysis of the "amount" of the crime of fraud and the special contract fraud crime "amount" identification problem. In ordinary contract fraud crime of amount identified part of the problem, describes the identification standard of ordinary contract fraud crime accomplishment and attempted "amount" is not the same, the advocate general contract fraud crime amount should be the amount of the loss of the victim is the cognizance standard, hence should be subject to contract volume for the standard. In the special contract fraud crimes "amount" that part of a contract fraud crime involved in the conviction and sentencing "amount" of the "amount" cognizance of the particularity of the analysis, elaborated in serial crime of contract fraud case, the conviction of "amount" recognition criteria should be the behavior of people "in the end the amount of income", the sentencing standard "amount" should be "total fraud"; on the same contract fraud that accomplished and attempted when there were analyzed, elaborated its recognition of the amount of the completion of the "shall refer to the victim’s losses, determination of the amount of the reference should be" attempted the subject of the contract amount, and analyzes on the behavior of sentencing should be treated respectively under the following conditions:if the crime is accomplished and attempted, and accomplished and attempted Part reach the sentencing range is different, and it should be in accordance with a heavier punishment be sentencing; if the crime had achieved the same sentencing range, shall be punished in accordance with the part of the accomplishment.