Judicial Treatment Of Contract Fraud And Contract Fraud Crossing Cases

The degree of social civilization is constantly improving,the concept of the rule of law of social citizens is also constantly strengthened.In the daily economic life,the contract occupies an increasing proportion,but also play an increasingly important role.With the continuous development and improvement of the contract system,life-related contract violations are becoming more and more common,and these illegal acts not only violated the property rights of citizens,but also undermine the contract management system,and even disrupt the normal market economic order The This paper will use the theory combined with the practice of research methods,by comparing the contract fraud and contract fraud in the composition of the similarities and differences in the judicial practice for dealing with contract fraud and contract fraud case of insight and effective identification method.The first chapter is about the contract fraud and contract fraud to make an overview of the study,describes the fraud and fraud based on the basic theory and performance.In the Chinese context,the two words of fraud and fraud are similar,but when they become a legal term,their meaning is different.Civil contract fraud refers to the fraud party deliberately inform each other false situation,or deliberately conceal the real situation,to induce the other party to make the wrong meaning and sign a contract,and finally through the performance of the contract to obtain unlawful contract benefits.Contract fraud refers to the fraudulent person to illegally occupy the other side of the property forthe purpose of taking fictional facts or to conceal the truth and other deceptive means to induce the victim to sign,to fulfill the contract process,and thus defraud the other party's property crime.The second chapter of the paper summarizes the current judicial practice,the judicial organs of the opposite contract fraud and contract fraud cases used in the processing mode.The general pattern of treatment is that once the case involves a criminal offense,the whole case will first examine the criminal offenses,and only to ensure that the case does not involve the crime will be included in the scope of civil legal adjustment.The chapter also analyzes the general processing model,and explains the reason why the model prevails.The third chapter focuses on comparing the differences between the contract fraud and the composition of the contract fraud,and makes a detailed comparison from the main body,the subjective intention,the object and the objective aspect,and provides the clear judgment standard for the accurate handling of the judicial practice.Contract fraud and contract fraud are subjective and deliberate,but whether the two have illegal possession of intentional,subjective vicious degree and so on are different;in the objective aspects of the use of deceptive methods,but both deceived The content and the content of the deception are also different;in the process of signing and fulfilling the contract,whether the actor has the ability to perform,whether to provide effective guarantee and commitment to breach of contract is also an important means to distinguish between the two.In the fourth chapter,the author analyzes the practice case and puts forward the reform direction and suggestion in order to become the elite of judicial practice,to protect the rights and interests of citizens,and to show a fair judicial authority.