The Research On Constitutive Elements Of Contract Fraud Crime

Contract fraud crime is a common economic crime in the practice,and it not only violates property of the parties,but also greatly undermines the market order,quite different from the common fraud,so it was divided and became an independent crime in criminal law of our country.It is very difficult to distinct the crime and a civil contract dispute,which makes defining the crime of contract fraud an uneasy problem in judicial practice.If the crime was not accurately determined,the legislative purpose for establishing of contract fraud crime could be distorted,which not only fails to achieve its social effects,and but also leads to the criminal law’s excessive intervention in economic life.For predicting the determination of contract fraud crime,this paper selects the constitutive elements of the crime to account,through research and analysis on the constitutive elements and problems,to provide the most basic theoretical support to precise ascertainment contract fraud crime in practice.This text of the paper contains three parts: an overview of contract fraud,contract fraud constitutive elements and three questions in constitutive elements.In the first part of the overview section mainly discusses the definition of contract fraud crime,legislative history and the comparative study of extraterritorial similar crimes.The second part mainly research on the constitutive elements of contract fraud crime.First the object of contract fraud crime as market credit system and property should is cleared,which is the basis to study other elements of contract fraud crime.The research on objective element is focused on common features summary of contract fraud and the judgment method to explain the article five,then discusses the results and determining the causal link.The research on the subjective part contains awareness factor,will factor and the "illegal possession".This paper argues the crime is only by direct intent.The only way to recognize "illegal possession" is actors refusing to fulfill the contract obligation.Finally,through the analysis of proposed legislation,the paper advices to remove "illegal possession".The subject of contract fraud crime should be a market subject and the private law meaning of market subject.The third part is designed to explore three problems in the constitutive elements contract fraud crime: the contract of contract fraud and loan contract;how to understand " the period of signing,performing the contract" in this crime;the property in contract fraud crime and the several specious of property.