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Analysis Of Contract Fraud Crime

Posted on:2011-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiuFull Text:PDF
GTID:2166330332484982Subject:Law
Abstract/Summary:PDF Full Text Request
The contract fraud is the illegal financial behavior with the purpose of cheating a large amount of money of the other party during the process of signing or conducting a contract. It was published in 1997 which is established by the article 224 of criminal laws and it is separated from the ordinary fraud.The complicated objects in the infringement of contract fraud are the national economical contract management order and company financial ownership. This contract is an economical contract. Due to have no relationship with the socialism economical order, any contracts which are related to identification confirm, such as guardianship, adaptation, tutorship, grant contract, labor contract and other contracts are different from the contract fraud. Meanwhile, this contract is ordinary written contract, but also includes the spoken contract. To confirm this crime, the border between the contract dispute and it should be differentiated correctly. The key point to distinguish them depends on whether the party subjectively and illegally occupies other party's property, and objectively cheats other party's a great amount of property by using economical contract fraud.This fraud can be conducted by the unit entity. The unit subjects could be state-owned entity, the collective entity, legally established joint venture, and cooperative, individual, private company, enterprise and institution. The individuals should be responsible for the crime and the crime entity could be exempted when the companies and enterprises are founded for the personal criminal activities and the individuals in the companies and enterprises are mainly conducting the illegal criminal activities. After the state-owned and collective enterprises are leased to individual, the renter uses them to conduct contract fraud. At this time, the renter should take responsibility for illegal and criminal activities, without any criminal relation to the entity. If the branches and inside organizations of the enterprises carry out contract fraud, and moreover the illegal incomes are obtained by them, these organizations can be defined the crime objects.
Keywords/Search Tags:contract fraud, "contract" nature, unit entity object confirm
PDF Full Text Request
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