On The Crime Of Contract Swindling

The crime of contract swindling is a commonly seen crime, to discuss it is beneficial to deepen our knowledge in theory and to confirm it more accurately in practice. According to domestic relevant essays and works on this crime, related discussions mainly concentrated on this crime's composition characteristic, the form of crime intention and its time of emerging, the asserting of the purpose of illegal possession, the distinction between contract swindling and civil disputation, etc. There is fewer discussions on the concept, the difference between swindling and fraud, the nature of the behavior that swindle intention produced while the effective contract is fulfilled, the evaluation and analysis of the clause of the crime, etc. The author studied related essays and works carefully, then combining the theory of the contract lav and criminal law, to discuss the concepts of this crime, the judicial confirmation of this crime, the evaluation and analysis of the clause of the crime, etc. aiming at casting a brick to attract a jade.The main argument of this text includes:1.The crime of contract swindling refers to such conduct in which the actor, with the purpose of illegal possession and no sincerity of fulfilling contract at all, swindles the other party's relatively large amount of money and property by way of fabricating subject, false assure, false perform, going into hiding or other fraudulent means during the course of signing or fulfilling acontract.2, The essence of the crime is to utilize contracts to swindle, the essential distinction between swindling and fraud is that swindling includes the intention of illegal possession .The form of "contract" are different because of the different time of swindling intention's emerging, the kind of "contract" is restricted by the context explain.3.The effect of contract, the behavior of cheating and the purpose of illegal possession play important roleon determining the nature of the contract swindling cases. Different associations of the three will cause to distinguish between crime or not, this crime and other crime.4.The clause of the crime can be revised as follows: a. Cancel "forthe purpose of illegal possession"; b. "signing" will change into" concluding"; c. Change "property" into "property and propertyinterests"; d. Cancel "have no ability to perform actually"; e. Delete thefourth.