On The Identification Of Contract Fraud

The crime of contractual fraud is that a person uses the cheating way to swindle others money and materials that include more amounts in order to accept illegal occupation during the course of signing and performing content. It is a new charge in the current Criminal Law revised in 1997, which divided from the crime of swindling with the crime of financial fraud such as the crime of fraud in financing.The crime of contract fraud has been playing an important role in protecting the dealing order of litigants, and in fighting this kind of crime since it's establishments. However, there do exist some ambiguous problem and arouse many controversies in the academic circle and judicial department.This essay made some research to controversial problem, mainly about the cognation of the "contract", the objective aspect and the subjective aspect.The essay is about 34,000 words .The main contents include:The forward concisely introduces the background of legislation and it's important rol.e in economic crime, and points out the current problem and the necessity to research on it.The first part is the cognation of the "contract" in the crime of contract fraud. This part mainly discusses two problem .The one is the range of contract in the crime of contract fraud. The author introduces the controversy in the academic circle, and then offers the criterion in cognation. The other is the form of the contract. The author holds that the form should not be confined within written form.The second part is the cognation of the subjective aspect. The author discuss the unlawful possession as the purpose, pointing out the basic principal in cognation. The author lead the judicial presumption into the circumscriptive standard of "the intention of illegal possession" and advances different method to resolve both general and specific circumstances. The author also researched the subjective intent, considering the content of the subjective aspect of this crime is actual intent and the intent can take place before and after the signing of the content or even during the course of performing the content.The third part is the cognation of objective aspect. Based on legislation, the author summarized several specific form of conduct and makes a thorough analysis in these different forms combining with some case.The fourth part is about the distinction of the crime of contract fraud and non-crime of the contract fraud. This part focus on the difference between contract fraud and contract breaching dispute which is both emphasis and difficulty in judicial practice. The author compare the crime of contract fraud and contract breaching dispute in many aspects such as subjective intention, objective behavior and legal responsibility.The last is the conclusion and legal advice toward some controversial problems, such as the perfection of the expression of "signing",perfection of"the other way "and perfection of the legislative interpretation.