Collection And Fixation Of Evidence Of Contract Fraud

Since the reform and opening up,China’s economy has entered the fast lane,especially in recent years,China has developed into the world’s second largest economy,but at the same time of rapid economic development,more and more problems have become increasingly prominent,including more and more contract fraud crimes,contract fraud cases show an explosive growth trend.The crime of contract fraud not only causes serious damage to the market economic order of our country,but also has a great impact on the normal operation of our market economy.Therefore,if the market economy of our country wants to develop healthily and orderly,and if the contract management system wants to operate effectively,we must crack down on the crime of contract fraud.Contract fraud is a new type of crime,which mainly occurs in the process of signing and performing contracts.The increasing trend of contract fraud cases in China is closely related to the characteristics of contract fraud crimes.For example,the field of occurrence is closely related to economic hot spots,resulting in obvious periodicity of cases;the difficulty of abstraction and characterization of laws makes the investigative organs afraid of hands and feet;the difficulty of identifying the means of committing crimes and the concealment of the ways of committing crimes lead to the latent cases.Long incubation period;difficult evidence collection,leading to fear of local public security organs.Evidence is the key to ascertain the facts of a case.In addition to the common characteristics of objectivity,relevance and legitimacy,the evidence of contract fraud crime has four characteristics:uniqueness,variability,mutual evidence and limitation.The single evidence in contract fraud cases is mostly in the form of "one-to-one".It is difficult to form a complete chain of evidence because of the lack of close links between the single evidence.Variability is manifested in the fact that the evidence in contract fraud cases has no other evidence except the verbal evidence of both parties.The subject of verbal evidence is human.It is easy to be influenced by objective factors and subjective feelings.Evidence changes greatly and even "confession reversal" occurs.This characteristic makes it difficult to determine whether the actor has "right" or not.The purpose of legal possession.Mutual evidence is manifested in the fact that evidence such as confession and testimony,confession and material certificate must be mutually corroborated in contract fraud cases,otherwise it is not enough to identify the facts of the case.Therefore,evidence verification has become the key to determine the facts of contract fraud cases.Limitation refers to the fact that there are only suspects and victims in contract fraud cases,but there are no relevant witnesses,which leads to little and limited evidence that can directly prove the facts of the case.For the collection and fixation of evidence of contract fraud crime,it is very important to grasp the principles,such as the principle of legality,the principle of comprehensiveness,the rule of evidence acceptance,the principle of objectivity and fairness.Only by firmly grasping these principles,can we collect and fix evidence objectively and comprehensively,and better combat contract fraud crime.The principle of legality is that in the process of collecting and fixing evidence,we should comply with the legal provisions and procedures,not take illegal means to collect evidence,and exclude illegal evidence according to law.The comprehensive principle means that in the process of collecting and fixing evidence,we should consider all aspects.On the one hand,we should collect evidence of the seriousness of the crime,on the other hand,we should also collect evidence of the crime.Only by collecting evidence comprehensively,can we accurately identify the facts of the case.The rule of evidence acceptance means that in the process of collecting and fixing evidence,we should seek truth from facts,prevent subjective assumptions and collect evidence through various channels.The principle of objectivity and impartiality means that in the process of collecting and fixing evidence,we should uphold the principle of objectivity,fairness and impartiality,and insist on seeking truth from facts and equality before the law.In the process of collecting and fixing evidence of contract fraud crime,we should pay attention to some problems.We should recognize the difference between contract fraud and civil fraud and whether it has the purpose of illegal possession.On the basis of recognizing the above problems,we should collect and fix evidence according to five points and adopt various ways and methods.To collect and fix evidence,we should gather and fix evidence around the four elements of crime constitution,establish four consciousness,perfect evidence chain,etc.Only by paying attention to these problems can we collect and fix evidence comprehensively and objectively.