Research On The Puzzling Questions Of Crime Of Contractual Fraud

With China's reform and opening-up and the rapid development of the market economy, On the one hand, contracts as a bridge plays an important role in social life; On the other hand, the use of contract fraud as a fraud of crime is in a very prominent form of crime. The contract fraud is a hidden and complex fraud cases, it's usually covered by the contract, Showing meanses endless, increasingly high degree of intelligence, fraud amount and the amount of the growing trend of being cheated. This article defines the criminal object of contract fraud, including not only the public and private property ownership, but also the management system and good faith of the market economic order. The crime of the property interests should be included in the object. Face on the endless stream of contract fraud, This article analyzes the "partial performance", "shattering" and other common practices, in order to improve the market's ability of prevent fraud. In judicial practice, "With the purpose of illegal possession"is not only a necessary element of subjective aspects, contract Fraud is also a distinction standard between the contract fraud and ordinary contract. In this paper, it analysis three theories of"with the purpose of illegal possession". Eventually concluded that "illegal profit said" is more appropriate conclusions, And without the performance from actor ability or effective guarantee, Whether the perpetrator has taken six aspects of deception to the judicial practice of contract fraud that puts forward Suggestions, In judicial practice to better the conviction and sentencing, Ultimately protect the purpose of the socialist market economic order.