Research On The Judicial Identification Of Contract Fraud Crime And Fraud Crime ——Take Peng’s Contract Fraud Case As An Example

When the Criminal Law revised in 1997,in order to maintain the socialist market economic order and to punish and prevent the large number of fraudulent acts against public and private property in the form of "contracts" in the market economic activities,legislator try to separate the crime of contract fraud from fraud as independent crime in the category of crimes of socialist marketing economy.At present,the two crimes are still a frequent and increasing trend.In the specific judicial practice,there are many troubles in the recognition of the two.in the provisions of law there are deficiencies,such as the range of the contract is dim,and purpose of unlawful possession is still controversial,different criterion of the amount of fraud.The existence of these problems has led to some difficulties in the identification of the two crimes.This article takes the Peng’s contract fraud case as an example,and by sorting out and analyzing the controversial focus of the case,and combining the existing law and judicial practice,reveals the main points of difference between the two crimes,in order to facilitate the development of criminal law theory and judicial practice.This article has 4 parts,about 35,000 words.The first part is the blurb.In this part,I mainly introduce the general condition,including the significance of my subject,documents overview and research ideas.The topic of this paper is a study on the judicial recognition of contract fraud and fraud,which is in line with the research scope of master of Law students.Through the collection of relevant information on the two crimes,the legislative history and theoretical research on the two crimes are summarized,and a literature review is formed to reveal the current status of research on the two crimes.This paper is closely focused on the chosen topic and identifies the unique research ideas and methods.The second part,I endeavor to state case and get double focus,through shortly present the brass tacks of the case about Peng’s contract fraud and distill the main focus of controversy in this case,whether Peng’s fraud constitutes the crime of contract fraud or fraud.The third part is case evaluation and law application.I am about to analyze the case in several aspects using criminal theory acquired and legal terms which aim to selected focus,determine the difference between the two crimes in terms of objective elements,and point out that the act of defrauding a friend by defrauding a famous car pledge loan does not constitute the crime of contract fraud,the subsequent act of pledged loan of vehicles rented from car-hire firms and friend does not be considered contract fraud,but a civil fraud.The fourth part is thoughts and suggestions.Through the analysis of Peng’s contract fraud case and combining with practical problems,some legal rational thinking is put forward on the boundary issue of contract fraud crime and fraud crime.On the issue of perfecting the judicial identification of contract fraud and fraud,some practical suggestions have been put forward.