Contract Fraud, The Legal Elements Of The New Probe

This paper make an initial research on the basic content of contract fraud. The cheat causes the consequence of violating the good faith principle through damaging meaning autonomous principle. The elements of fraud constitution should contain these two kind of important elements: one is undermine the principle of autonomy, which is elements of form, and the other is violation of the principle of good faith, which is real elements.China currently accepted four elements that constitute fraud and cheat acts is at the core of the four elements , but when the fraud led to the other people to make mistakes ,which can only be undermined the freedom of contract, therefore, the four elements only constitute fraud judgment in the form elements.From the relevant provisions of China's contract law,legislative practice,the restriction of meaning freedom and the social public attribute of legal, the author demonstrated that violating the principle of good faith constitute the material elements of fraud, the elements of the form is the premise of fraud constitution, but whether it constituted the contract fraud still need to be consider with the material elements of fraud. Only with the elements of form and real elements can we call this behavior the contract fraud. If only conforms to the elements of form, actually does not conform to real elements, in other words, the cheat behavior has not achieved violating the good faith principle, the act is called goodwill fraud. If only conforms to real elements, actually does not conform to the elements of form, the acts may be classified as contract law in the mistake, forces, clearly unfair and other legal acts. According to the actual situation,as silent fraud, although violation of the principle of good faith is not its elements, but which included in the elements of obligation. Because of the abstract of the principle of good faith, it is usually hidden behind the elements of form of fraud constitution.