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Research On Judicial Determination Of Contract Fraud

Posted on:2023-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2556306848991819Subject:legal
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As a relatively common type of economic crime,the criminal activity of contract fraud has always been a hot and difficult point in judicial practice due to its concealment and diversity of means.This paper pays close attention to the specific and difficult problems existing in judicial practice of this kind of crime extracted from court judgments and makes corresponding analysis and discussion,so as to flexibly respond to the needs of the rule of law in social governance.This article is mainly divided into four parts for discussion:The first part,first elaborated,in my country’s contract fraud,it should be based on the four-ester crime,then the current contract fraud crime will be analyzed by the overall analysis of the quantity and content of the contract fraud judgment in the referee document network for a certain period of time.There is a controversy in the number of identification of objective deception and illegal accounting.The second part is the identification of objective spoofing behavior.After analysis,objective deception should be a communication line,fictional facts and conceal truths are their specific forms of expression.For the former,the fictional facts should include future facts,the facts and value judgment have the essence of the essence to be reasonable,and for the latter,it is considered that the concealing truth is subjected to concealing and truth analysis,respectively,to provide new ideas for concealing truth-like contract fraud.The third part is the identification of illegal possession.The connotation and proof method of illegal accountouts,re-interpreting the impact of implementing capacity,fleeing behavior,trading habits on illegal accounting purposes.The fourth part is the distinction between other crimes.In practice,the division of contract fraud and the general fraud involved in the contract is the focus of the understanding of the "contract".The two parties signed an economic contract and used economic contracts to use economic contracts for fraud in the process of signing and performing.In other words,if it does not meet the two conditions of economic contracts and the use of contracts,it is possible to establish ordinary fraud.The distinction between contract fraud and loan fraud is unclear,commonly common in the dual fraud cases of guarantee types in such acts.It is a real victim,so the perpetrator only constitutes the crime of contract fraud against the guarantor.
Keywords/Search Tags:Deceitful acts, Purpose of illegal possession, Fraud, Crime of loan fraud
PDF Full Text Request
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