On The Crime Of Contract Fraud And How To Prevent

The defraut is an anciant crime. With the dependence of the market economy, a new crime of taking advantage of economical contract is arising again. The crimers depend on the contract deed of economy society and the faith of contract legal system, by means of adopting affricative the fact, passing themselves off as main body, going on the economical defraud frenziedly. These behaviours violate socialist marketplace order and the ownership right of the public and the private protecting by the law. which seriously destroy the structure of economy in our country. The crime of contract fraud is a new accusation that has been set up by the revised Criminal Law in 1997. This article has approached thoroughly some questions about the crime of contract fraud on the base of combining theory with practice. There are twenty-six thousands Chinese characters in the whole article.The crime of contract fraud is the behaviors, which act for the order of occupying with illegal way, fabricate the factor hold back the real facts, or gain the party's belongings by cheating in the signing a contract or carrying out it. On analyzing the constitution of the crime of contract fraud, the author considers the object of this crime is complex, but not simple. That means the crime not only violates the ownership right of the public and the private, but also encroach seriously to the socialist marketplace order. The targets that the crime of contract fraud violates are the property owning to the public and the private. Because the experision of substance only lies on specific belongings of the public and the private, it includes all the legal properties who owns. The three form factors of the crime of contract fraud on the objective aspects have been discussed. The subject ofthis crime adopts just like cheating skill, fabricating the fact, holding back the real facts. The party of opposite side is leading to mistake, who signs a contract or carries out voluntarily with the other one, is deceived a large mount of belongings. The subject of the crime not only acts as the nature, but also the unit .It expresses so many the Legal Person or the Other Organizations except Legal Person using economy contract. The subjective of the crime stresses the subjective intention having to possess something with illegal way for aims, whose subject of the crime of contract fraud is the nature or the unit.On the base of analyzing and researching the behaviors of the dispute arid the cheat of the contract, the auther draws the individual conclusion and view on sopposing the crime of contract fraud generally. The auther thinks that should be understand by two sides. One is from his objective aspect to occupy the public and the private belongings, the other is from the subjective aspect to put into effect under the contract fraud guiding on the aim. The reason why the crimes of contract fraud depart from the fraud is the crimes of contract fraud has different characters on the Subject of crime, the Object of crime, the Dangerous act, etc. from the fraud. From the criminal law theory, the relationship between the crimes of contract fraud and the fraud is issues overlapping on the special law and the normal law. That means the crimes of contract fraud is a special fraud. So the constitution of the crimes of contract fraud is different from the fraud, the loan fraud, the financial fraud.In the light of the situation about the crimes of contract fraud arising and spreading at present, the auther analyes the reasons on the phenomenon, draws out seven reasons and discloses their charaters. The auther thinks the appearance of the crimes of contract fraud is legal, verious, professional and concealtive generally.In view of this situations, the auther gives five rules on strengthening to prevent the crimes of contract fraud. The first is to emprove the abilities of the marketplace subject on establishing contract, preventing fraud, enhancing to prevent oneself. The second is to do best in opening the messages about the marketplace subject. The t...