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Case Analysis On The Contract Fraud Of Chengzhangben

Posted on:2013-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MaFull Text:PDF
GTID:2246330371486507Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Contract fraud is newly established in the1997Criminal Law Amendment from the crime of fraud, a type of economic crime, and is characterized by using contract to defraud other’s property. Since its establishment, it has played an important role in the fight against contract fraud. However, further improvement of the socialist market economic system, the contract as a means of transaction increased, the contract fraud is also increasing, while these stop development of the market economy, Moreover, the deviation in the theoretical understanding has led to the judicial inconsistencies, which affects the authority of the law. For this, Chen Changben contract fraud, for example, divides into three parts, it mainly discusses how to differ contract fraud from illegal disposal of the court to freeze, the crime of fraud and contract dispute.For the corresponding Discrimination, first, this paper has based on the combination of the existing contract fraud theory, discussed how to identify contract fraud and what contract, how to use contract; second, the purpose of illegal possession, and clarified the sums of contract fraud; finally, how to prevent contract fraud in the socialist market economy, propose appropriate countermeasures. The main players in the market must have the appropriate legal knowledge and a certain amount of the contract risk awareness, and carefully signed, the government as a leader in establishing a market economy should establish an open, transparent, convenient property inquiry system of the main players in the market for querying the property of the opposite party, in order to reduce fraud, major contract fraud should be highly punished on the basis of the criminal policy, thereby protecting the property interests of market players and maintaining a reasonable and orderly market economy.
Keywords/Search Tags:contract, contract fraud, amount of fraud
PDF Full Text Request
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