The Criminal Law Application Of Contract Fraud In “Double Deceiving” Type Of Cases

In recent years,the number and types of fraud cases in China have increased significantly.At the same time,the use of contracts for fraud is also increasingly prominent.In reality,the external manifestations of fraud crimes are various,and the methods and forms of crime change with the change of the contractual relationship.New types of fraud cases emerge constantly."Double Deceiving" is a "summary" of a relatively complex and special state in practical fraud cases.It is not a legal concept,nor is it a specific type of crime typed by criminal law.Previous researches on "Double Deceiving" are alluded to in the crime of fraud,and few of them have been discussed and studied as a single subject."Double Deceiving" usually appears in people’s minds in the form of a single case,but the connotation of the definition and typified behavior pattern is ambiguous.Although the practice of criminal justice has also launched a useful attempt,but the results are not optimistic.In the current theory of criminal law,systematic and normative research on the qualitative nature of "cheating at both ends" is very rare,leading to some typical criminal cases reported in the news "crossing the river by feeling for stones",which have established corresponding standards concisely in the way of judging essence,but there are huge differences between them.Criminal justice in "Double Deceiving " cases is also facing the dilemma of "anomie".The author starts with the derived problems in the current judicial situation of "Double Deceiving " cases,and analyzes and interprets three controversial issues.The first chapter focuses on the problems existing in the current judicial situation,abstracts out the connotation and behavior pattern of "cheating at both ends",and analyzes the three dilemmas that "cheating at both ends" contract fraud case faces in judicial practice.Chapter two to Chapter three respectively analyze the three controversial issues chapter by chapter.The first chapter,on the basis of case studies,defines the connotation of "Double Deceiving",and explains the behavior types of "Double Deceiving" cases in the way of type enumeration,mainly starting from the empirical research of "Double Deceiving" cases and the dilemma of application.On the one hand,the research scope of this paper is delineated;on the other hand,the three controversial issues exposed are separated from the current judicial situation: the confusion of the nature of fraud crime,the unclear identification of the number of crimes and the unclear analysis of the problem of accomplice.The second chapter focuses on the qualitative problem of the fraud crime in the case of "Double Deceiving",which specifically discusses the necessity of the criminal presumption of "Double Deceiving";The second part is about the identification of property loss,which is divided into two parts: comparison of property value in the "former fraud" and the applicability of the booty in the "later fraud" to bona fide acquisition.The third chapter discusses the identification of the pattern of the number of crimes in the case of "Double Deceiving".On the one hand,"two head cheat" cases mainly involved in the crime of fraud and crime of fraud of the contract law concurrence relationship between,on the basis of the analysis of the "two head cheat" cases treatment,when the concurrence of charges in the first through the "contract" in the good dimension for system sexual interpretation in the crime and he SINS.On the other hand,in terms of the form of the number of crimes,the rationality of different judicial opinions in the same kind of cases is evaluated,so as to explore the way out for the disposal of "Double Deceiving" cases.The fourth chapter analyzes the typification of joint crime in the case of "Double Deceiving".The problem discussed is the identification and criminal responsibility of the accomplice in helping mortgage.Firstly,the completion point of the actor’s objective behavior is judged,then the "common intention" of the actor’s subjective aspect is expounded,and then the criminal responsibility of the helper behavior is determined after the combination of different time points and different subjective elements.The author expects that these three controversial issues can be solved timely in the judicial process.