The Study On The Boundary Between Contract Fraud And Civil Fraud

Nowadays,with the rapid development of economy,the crime of contract fraud appears more and more frequently,because there are many similarities between the crime of contract fraud and the fraud in the field of civil law.Therefore,criminal suspects often use civil fraud to justify themselves in the hope that they will be able to evade criminal law sanctions.In practice,the means of committing crimes are varied and varied.As a result of the difficulty of distinguishing the crime of contract fraud from civil fraud,it is easy for the judicial organs to classify ordinary civil fraud as the crime of contract fraud.Serious violations of the rights of the perpetrator.The occurrence of the crime of contract fraud not only to the state,collective,other people’s public and private Property ownership has caused damage and has also affected the stability of the socialist market economic order in our country.The people’s Court of Wuyuan County in Jiangxi Province tried the case of the people’s Procuratorate of Wuyuan County accusing the defendant Wu Zhixiang and Wu Ming of committing the crime of contract fraud.The court of second instance decided that the conduct of the appellants Wu Zhixiang and Wu Ming did not constitute the crime of contract fraud,and that the acts of the appellants Wu Zhixiang and Wu Ming did not constitute the crime of contract fraud.The prosecution and the defense argued over the focus of the dispute: "whether the defendant’s behavior is a contract fraud or a civil fraud".Legal possession of Non-legal system in Judicial practice The purpose of the identification is very difficult,and this is the key distinction between the two crimes,it is difficult to distinguish the cause which belongs to people’s subjective mental activity,there is a big uncertainty.Although the crime of contract fraud and civil fraud are many similarities in the methods of crime,but in the subjective purpose,behavior etc.there is a big difference,clear boundaries between the two has an important influence on the nature of the case.Due to the legal provisions of the criminal law of our country lags behind,although the provisions of the contract fraud,but the law inevitably has some problems,such as the problem of regulation means is too single.Perfecting the legal provisions on judicial practice The correct definition of two crimes in practice has a profound impact on cracking down on crime and promoting the development of market economy.