The Crime Of Fraud Of The Contract Research

According to article two hundred and twenty-four of the criminal law on the crime of fraud of the contract for "for the purpose of illegal possession, in the process of signing, to perform the contract, to defraud the other party of property, large amount of behavior." Crime of fraud of the contract as an independent crime, to protect others legal property rights and interests are not violated, protecting the socialist market economic order in order to play an important role. However, in judicial practice at present about how to define as the crime of fraud of the contract dispute, no unified criterion, how to correctly define it confusing for investigators. If can not correctly define the offender behavior is or economic dispute of contract fraud crime, is bound to cause serious consequences, and even affect the conviction and sentencing. Therefore, this article selects in the judicial practice for the crime of fraud of the contract concluded that three controversial issues, through the case analysis form leads to disputes, specific analysis and elaboration. First, objectively decide how to behavior person have ability to perform the contract in the contract fraud. Whether the parties have signed the contract in the economic exchange real and effective, the most important is to see if a person truly fulfill their contractual capacity. Actors have the performance ability is the guarantee to enter into a contract between the parties on the basis of the procedure. By the offender and the other party from at the beginning of the contract to perform the contract prior to the expiration of the period, the period to determine behavior person capital position, supply quantity, as well as credit degree decide whether actors performance ability. Second, how to define whether the actor has subjective "purpose of illegal possession". To determine whether a person has the "purpose of illegal possession" is very important to that crime of fraud of the contract. If the offender and the other party during the conclusion of the contract, there is any kind of situation, that is cheating, not the performance behavior, after gaining the subject matter for your own, do not assume liability for breach of contract, combined with the case can maintain its "purpose of illegal possession"; If meet a variety of situations at the same time, greatly increase the judge behavior person exist "purpose of illegal possession\" accuracy. Finally, how to determined the amount of contract fraud conviction. In the criminal law on the crime of fraud of the contract amount is prescribed to generalize, no specific provisions to take what kind of amount. In judicial practice, each contract fraud case is complicated, not only to take contract bid, the actual amount of income or loss amount as the amount of conviction, but should be combined with the specific details of a case, on the basis of the case where a crime form, in the crime of fraud of the contract, in outstanding form contract bid for the amount of conviction; In crime of fraud of the contract with form, condemned the amount for the direct losses.