Study On The Identification Of Contract Fraud From The Criminal And Civil Perspective

In a broad sense,contract fraud refers to all acts of defrauding others by means of contract,while in a narrow sense,contract fraud only refers to the crime of contract fraud stipulated in the criminal law of our country.This paper also carries out an in-depth study on contract fraud based on the narrow sense.Crime of fraud of the contract as a kind of typical economic crime,it presented the characteristics of concealment and complexity,but also because of its similarity to civil fraud and contract,there is a cross between many department,so often appear similar to the case facts,judicial practice are different areas of the judiciary is divided into different kinds of case processing,led to the applicable standard.For the research of this problem,the first part of this paper is to sort out the background of this problem,research status,etc.to lay the foundation for the follow-up writing of the paper.The second part of this paper compares the contract fraud and civil contract fraud in terms of concept and constituent elements from the perspective of criminal cross,and makes clear the boundary between the two.In this part,the first is to make clear the distinction between fraud and fraud,contract fraud and contract fraud in concept,followed by the distinction and comparison between the two from the subjective,objective and object three aspects,to dig deep into the difference between contract fraud and contract fraud.The third part of this paper is based on the relevant cases of judicial practice to analyze the plight of the judicial determination of the crime of contract fraud.It mainly includes the identification problem of illegal possession purpose and the identification problem of property damage.The purpose of illegal possession is one of the fundamental differences between contract fraud and contract fraud,and property damage is also an essential requirement for the infringement of property law interests in contract fraud.The fourth part of this paper is to identify the predicament on the basis of the detailed improvement of the path.This part,on the basis of clarifying the basic principles to be followed by the judicial determination,puts forward the specific methods for the determination of the purpose of illegal possession and property damage,in order to provide an effective and feasible identification method for the determination of contract fraud in judicial practice.