Research On Some Difficult Issues About Crime Of Contract Fraud

Crime of contract fraud is an important crime in the criminal law, the establishment of the crime playing an important role on protecting legal property rights punishing crime or maintaining the safety social and economic order,ptotecting reliance interests of market players.Since the separation from the crime of fraud in the amendment of criminal law, a large number of research theory had come out, scholars had substantial and detailed researches from different perspectives, different levels and these researches greatly enriched the theory of the crime, and provided strong guidance for judicial practice, but there are still many problems yet to reach a consensus, especially for "illegal possession for the purpose", "property", "subject", "object", "contracf" and other important comprehension of the concept, the more controversial, the controversial theory is often reflected in act of legislation, law enforcement, judicial process, so the correct interpretation of the law,the research of the theory are particularly important, this paper summarizes the problem of legal provisions about crime of contract Fraud, compared with the view among scholars of the theory and put forward their own ideas and opinions.I hope that it can provide a way to resolve this issue and proposes in research and preparation of legislation.This article analyzes constitution of crime fraud, discusses from the subject of crime, subjective of crime, object of crime, the objective of crime.This paper is divided into three parts:The first part mainly discusses the historical evolution of crime of contract fraud and overall features. This part described the evolution of crime of contract fraud objectively in our history, to recognize the relationship about this crime with the development of social and economic by combination of history, discusses the necessary of conviction about the crime, leads to the issues which were needed to research by analyzing the whole party.The second part, reviews provisions about the contract in the law of out country, analyzes the comprehension of the contract in the crime contract fraud,analyzes different views of scholars, and gets the form of the contract ultimately. The third part,by using the method of comparative analysis, analyzes all aspects of the constitution of crime fraud and discusses detailed and objectively focus on the issues,such as criminal object, the amount of fraud, the purpose of illegal possession, and by Comparison different of views of scholars, pointing out the advantages and disadvantages,put out my own views.