Negatory Condition Of Contract Fraud Problem

With the economic and social development,contract fraud in the process of judicial determination showed the trend of shrinkage.According to the principle of modesty of criminal law,and with reference to Bentham's utilitarianism philosophy,this paper studies the principle and method of contract fraud.This means including fictional facts,forged documents,a small high,hidden money or other equally bad behavior.The implementation of the contract is a ruse means,the contract should be adjusted between the equal main body of civil contract,administrative contract,labor contract and exclusion only adjust the identity relation contract.In the subjective constitution,the possession should adopt the meaning of "illegal possession" and "illegal occupation"".And the subjective is direct intention.In this paper,a case study of nearly five years,found that the contract fraud in judicial practice,there is also shrinking,but also the trend of expansion.The crime of contract fraud should limit the use of the type are summarized,including the identity of the true words of fraud types,not between equal subjects signed a contract fraud cautious type,imaginative joinder of transformed cautious fraud from a heavy industry,innovation,cautious fraud purpose.In judicial practice,contract fraud crimes,to fully consider the "principle of criminal law criminal second",flexible use of the criminal reconciliation system,at the same time,the relevant departments should take to improve the market's overall awareness of fraud prevention responsibility.