Investigations Into Difficult Problems Of Contract Fraud

Contract Fraud is a kind of economic fraud that have been existing for a long time, and displays different fraudulent crimes along with the development of market economy, and also a inevitable stage-specific result of market economy. The definition of Contract fraud crime is ambiguous in judicial practice, so it is necessary to define the range, target of the crime and distinguish them from civil contract disputes. This paper has started from the basic concept of contract fraud and investigated some difficult problems in contract fraud.This paper is divided into four parts:Part1. The basic concept of contract fraud has been reviews, and then we have analysized and compared the advantages and disadvantages of three definition forms of contract fraud. According to the purpose of the crime, occured time of the criminal action, and the means and tools of the crime, we have defined the contract fraud as the followings: In order to occupation illegally, cheat the victims over a relative large amount of property.Part2. We have discussed the contract arrange in contact fraud. First of all, the focus of controversy of four different standpoints in academia has been stated that is how to define the arrange of the contract in contract fraud; Secondly, the characteristics of contract in contract fraud is clarified basing on the objective properties and criminal provisions that is in order to cheat property of victims and in reflection the relationship between market transactions and occur during the sign and performance of contract. Thirdly, in the case study of an oral agreement, according to the basic characteristics in contract fraud, we can conclude contract fraud with forms independence. Lastly, economic contracts, labor contracts, civil contracts and administrative contracts have been discussed detailedly and defined the contract scope of fraud.Part three discusses the object of contract fraud, the property, behavior, intellectual and so on. The property, in addition to general real estate outside, real estate, property illegally obtained contract may be the object of criminal fraud, and contraband when certain conditions are met can be a contract the object of criminal fraud. For behavior, mainly through analysis of labor and paid services, the value of goods, services or paid services to discuss fraud illegal, describes the movements of the relevant aspects of legal interpretation, to clarify services and paid services can also be a contract the object of criminal fraud. For intellectual achievements, for illegal possession of intellectual property rights of others , who did not completely lose the right to the use and possession of intellectual property may not be a contract fraud a crime.The fourth part further defines the crime of fraud by comparing the civil contract, fraud and contract fraud. First, contract fraud and fraud are compared in theory, both are similar in performance, but differences exist in the subjective and objective, the nature of the acts, the legal consequences. From a subjective point of view, both the content and form of deliberately not the same as contract fraud in the subjective intent may be direct, it may be indirect intention, but the contract can only be subjectively fraud is a direct intentional. From an objective point of view, two who use contracts in different ways, a point of view from the nature of the acts, fraud is a civil contract, breach of contract, infringement of the claims, and contract fraud has a serious social harm which has been a criminal offense. Second, judicial practice on how to identify the subjective purpose of illegal possession of a paper analyzes four academic "identified the purpose of illegal possession," the view from the perpetrator at the signing of the contract without the ability to perform the contract, the contract the process of signing and performance of the existence of fraud, after signing the contract, no actual performance of the contract, after default are willing to assume liability for breach, etc., to determine whether the illegal possession of the perpetrator's subjective purpose. Finally, detailed analysis of the " Gain profits through using other people or things"and "contract trap" caused by default of the counterparty and gain liquidated damages the two special fraud.