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The Analysis Over The Legal Issues Of Contract Frauds

Posted on:2011-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z YangFull Text:PDF
GTID:2166330332473417Subject:Law
Abstract/Summary:PDF Full Text Request
With the continued development of market economy, China's economy has entered an important transitional period; the contract has been indispensable in economic relations, the role of self-evident. In order to protect the healthy development of the market economy, needs to adapt to the new situation, China's Criminal Law revised in 1997 based on the characteristics of fraud, separated from ordinary fraud some disrupt the market economic order, fraud, incorporated in the "destruction of the socialist market economy order and crime, "this chapter the. Among them, the contract fraud is one of typical charges. Contract from the judicial organs to see the number of cases of fraud, the crime of sexual crimes is often made, and its increasing trend year by year the number of the incident, which involved more and more to the subject of a large, penetrated into all fields. In order to avoid legal sanctions, people contract the behavior of anti-fraud detection capability also significantly increased fraud means of increasing intelligence, technology, and some people even act of law, loopholes for fraud, deal seriously disturb social order, with serious social harm. The original contract fraud and contract disputes, fraud and other easily confused, in the present in the complicated reality, to see actors act through the phenomenon of nature, an accurate grasp of the purpose of the perpetrator of crime, crack down on contract fraud effectively, law enforcement ability of those who made the law applicable to higher demand. I believe that, in determined whether the perpetrator of the contract fraud, the key is how to combine the external behavior of the perpetrator to determine the subjective intent of the will of the factors. This paper will contract fraud in the "contract" in the form, features, analyzes the sins of the form of contract fraud, research fraud contract human subjective purpose of illegal possession of externalizing behavior, draw contracts and contract disputes, fraud, fraud, a civil contract, fraud and general fraud contract limits on how the external behavior by the perpetrator identified subjective and objective state of mind and so on. Text is divided into five parts: the first part of a contract fraud in the "contract" in the form of features; the second part of a contract fraud in the subjective understanding of factors and will factor; The third part is the illegal possession of contract fraud purposes identified; IV distinction between a contract fraud and other crimes, civil disputes, boundaries and differences; last part of the Contract Fraud difficult problems related to justice.
Keywords/Search Tags:contracts, subjective element, illegal possession, differences and similarities
PDF Full Text Request
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