Discussion On Issues Of Contract Defraud

This paper discusses about theoretic hot issues and practical problems of contract defraud with a combined research method of theoretic law, comparison analyses, and example analyses.Following the brief introduction of contract defraud, the thesis begins with the definition of essential, contract, of contract defraud, including character, and format of 'contract', and whether fraudulence under labor service contract can be deemed as contract defraud.Thereafter, the thesis discusses about correct judgement on 'intention of detinue' from the understanding, occurring time, and determinant method of 'intention of detinue'. This chapter focuses on the comprehensive factors during determinant and the method of judicial estimation on 'intention of detinue'. Besides, the chapter covers the definition of interlinked defraud and the amount of forfeit after conviction.Where after, the thesis discusses about the issue of company crime on contract defraud. This part analyses company's qualification as a subject, the difference between contract defraud by company and by individual, the definition of company crime on contract defraud, and the definition of contract defraud by individual under the name of company. In the last section of this part, it is also discussed whether it can be convicted if the contract defraud is for the sake of other companies or even individual. Moreover, the part also probes into the disputing problems in both theory and practice, including private owner's subjectdefinition as individual or private company, the determinant of being personated or providing guarantee for defrauder. Finally, the thesis discusses about the demarcation line of criminality and impeccancy through analyzing the similarities and differences between contract defraud and contract dispute, and between contract defraud and civil defraud.