Case Study Of Mr.Zeng's Contract Fraud

In economic activities,criminals often use the contract to carry out fraud,resulting in the crime of contract fraud and contract dispute easily mixed.Because of the difficulty of distinguishing between the crime of contract fraud and contract dispute,there are many cases in which the contract dispute is mistaken for the crime of contract fraud.Therefore,it is necessary to distinguish between the crime of contract fraud and contract dispute.On the basis of analyzing case of contract defraud by Mr.Zeng,this paper discusses the difference between the crime of contract fraud and contract dispute.This paper is divided into five parts.The first part is the basic situation of the case,introduced the basic situation of Mr.Zeng's contract defraud and the controversial focus of the case.The second part is to analyze the elements of the crime of contract fraud,lay the foundation for the correct identification of the crime of contract fraud.The third part is the determination of the purpose of illegal possession.Mainly analyzes the different views on the purpose of illegal possession in theory,and how to judge whether the actor has the purpose of illegal possession.Mr.Zeng actively fulfilled the contract after signing the contract and paid the corresponding money of purchase chili.Mr.Zeng did not continue to fulfill the contract and continue to pay the money of purchase chili,is due to the dispute that between he and Mr.Xiang about quality and price of chili is not resolved in time,rather than for no reason or excuse not to pay chili purchase money.So Mr.Zeng does not have the purpose of illegal possession.The fourth part is the recognition of contract fraud,mainly introduces the five kinds of contract fraud in our criminal law and how to define the evading behavior.Mr.Zeng did not take the means of fabricate fact or conceal the truth to obtain Mr.Xiang's goods.He also did not go into hiding after receiving Mr.Xiang's goods.His behavior does not meet the objective elements of the crime of contract fraud.Actually,the dispute between Mr.Zeng and Mr.Xiang is contract dispute which is arising from the quality of subject matter.The fifth part is the difference between the crime of contract fraud and contract dispute.By analyzing the boundaries of the crime of contract fraud and contract disputes,it provides ideas for the judgment of the crime and non-crime of the contract fraud.