Discussion On Questions About Crime Of Contractual Fraud

The criminal case of contractual fraud, a familiar crime of economic fraud, is characterized by severe harm, various measures, diversiform subjects of crime, complex details of a case, etc. In this dissertation, the author will discuss the constitution of crime of contractual fraud, the severe harm of crime of contractual fraud and the main reasons of the rampant increase of crime of contractual fraud.The following are key points that should be commanded when cognizing whether a behaviour constitutes crime of contractual fraud: the actual intent of crime of contractual fraud and the intention of illegal occupation on the subject elements of the crime; the deceptive behaviour of inventing the facts and hiding the reality on the objective elements of the crime; the denotation and connotation of the "contract" in crime of contractual fraud and the loss of the deceived. Both the behaviour of inducing the opposing party to break the contract in order to gain the default fine by using the "contractual trap" and the so-called indebted management that surpass the reasonable ratio compose crime of contractual fraud. The author in this dissertation will also discuss the differences among crime of contractual fraud, crime of swindling and crime of defrauding loans.Under the circumstance of the imaginative joinder of crime of contractual fraud and crime of fraud with financial instrument, the behaviour should be punished as the crime of fraud with financial instrument. In order to convict and sentence correctly the implicated offense of crime of contractual fraud and crime of giving a bribe, it is necessary to amend those relative rules and regulations. The swindler and the concerned person of the deceived unit should, according to the specific situation, be considered as participants in crime of embezzlement or crime of embezzlement by taking advantage of his posit if they collude to bilk the property of the deceived unit by obtaining a signature on and carrying out the contract. The swindler and the concerned person of the deceivedunit should be convicted according to the charges they offended if the swindler use the breach of duty of the concerned person to bilk the property of the deceived unit through the means of obtaining a signature on and carrying out the contract. The crux of differentiating a crime committed by a unit and a crime committed by individuals is whether the purpose of the crime is to figure for illegal benefit and whether the decision is made by the unit after discussion or is made by persons who are in charge. It is crucial to confirm the subject of the crime when hearing the crime of contractual fraud involved by the unit. Generally speaking, in the complete crime of contractual fraud, the value of the subject matter is regarded as the amount of money involved in the crime; in the incomplete crime of contractual fraud, the direct amount of loss caused by the criminal behaviour should be considered as the amount of money involved in the crime. As to the interlinking crime of contractual fraud, the amount of money involved in the crime depends on the amount of the deceived' s final loss caused by the behaviour of contractual fraud. However, the value of the property that has been paid to the deceived by the deceiver, the legal profit, the amount of money unpaid by the deceiver due to some objective reasons and the "over fulfilled" value of property should be reduced from the amount of money involved in crime of contractual fraud. In crime of contractual fraud that involves different places, the standard of the amount of money involved in the crime should depend on the standard of the court that accept and hear the case. The subject of crime should be confirmed correctly when hearing warranty-involved crime of contractual fraud.