On The Crime Of Contract Fraud

This paper discusses legal issues relating to the crime of contractual fraud in an all-round manner by synthetically applying the juristic theory and adopting the research methods of comparative analysis and positive analysis.Starting with the status quo and contributing factors of the crime of contractual fraud, the paper explains the new characteristics and development trends manifested presently in the crime of contractual fraud, and analyses its contributing factors with a view to its characteristics.Secondly, the concept and constitutive characteristics are described of the crime of contractual fraud. In connection with the constitutive elements of a crime in the theory of criminal law, the constitution of this crime is discussed in object, objective, subject and subjective aspects with stress put on its objective characteristics.Thirdly, perplexing issues are summarized that may happen in judicial practice in applying the crime. In accordance with the definition of contract, explanations are made in judging "for the purpose of illegal possession", determining an institutional subject of crime, and distinguishing this crime from contractual dispute, civil fraud, crime of fraud, and crime loan fraud.Finally, the norms and related circumstances are discussed for the criminal liabilities borne for the crime of contractual fraud.