Research On The Judicial Cognizance Of The Crime Of Contractual Fraud

Since the contract fraud has been separated as an independent crime from the crime of fraud in criminal law at 1997,the determination of this crime has always been a problem in judicial practice.The crime of contract fraud is a crime in the form of a contract,which aims at the illegal acquisition of the property of the victim.Today,the contract has become a more and more important mode of transaction in the social life,in order to protect the rights and interests of public and private property,maintain a good market order.In view of the problems in practice,This paper discusses the crime of contract fraud from four aspects,which includes the objective and subjective aspects of crime and non crime,as well as the boundaries with the common crime of fraud: The first part expounds the basic problem of the crime,as well as the constitution of the crime and the nature and form of the contract;In the second part,the author makes an analysis of the determination of the crime from the aspects of the elements of action and the object of crime;The third part analyzes the subjective aspect.This paper expounds the purpose of illegal possession which is the main factors to distinguish between crime and non crime,through the analysis of the ability to perform.The fourth part analyzes the problems that should be paid attention to in the cognizance of the contract fraud and the civil fraud.The main difference between crime and non crime is the cognizance of the purpose of illegal possession.The fifth part analyzes the form of the crime of contract fraud,and probes into the characteristics of the crime of concurrence and the form of implicated offense.To sum up,this paper hopes to provide a useful reference for the identification of the crime of contractual fraud in the judicial practice,in order to make this kind of crimes which seriously interfere with the economic order be punished.