Reorganization And Application Of The Approaches For Differentiating The Crime Of Contractual Swindle From Merely Contractual Fraud

This essay is intended to elaborate in three parts on the approaches for differentiating the crime of contractual swindle from merely contractual fraud from both the points of theory and practice. It further puts forwards a key viewpoint for constructing "a system for distinguishing the degree of good faith in execution of the contract" so as to be applied in the judicial practice of separating the two apartGiving a general introduction of the definitions and constitutive characteristics of the crime of contractual swindle and merelycontractual fraud, the first part puts forward an opinion in constructing "a system for distinguishing the degree of good faith in execution of the contract" based on a summary of all the current viewpoints concerned. That's to construct a three-level tridimensional system for distinguishing the crime of contractual swindle from merely contractual fraud, taking the "degree of good faith in execution of the contract" as the key differentiating criteria.Within the second part of detailed illustration of the "system for differentiating the degree of good faith in execution of the contract", this essay focuses on an introduction of the core differentiating criteria of this system, namely, the definition, content and all the factors contained, clarify the division of the various levels of this system, the function realized through such division and the internal relationship among those levels, and moreover, make a comparison between this system with other existing methods as to further elaborate on the rationality of this differentiating criteria in details.The last part designs a plan for an applicable manner for this "system for differentiating the degree of good faith in execution of the contract" in judicial practices. Firstly, it gives an introduction and makes an analysis to the existing problems in the crime of contractual swindleand merely contractual fraud. Secondly, it offers a feasible way for the concrete application of this differentiation system directed towards various judicial objectives in different stage of the criminal judicial process. Lastly, it illustrates the application of this differentiation system on related judicial controversies.The differentiation of the crime of contractual swindle and contractual fraud has always been a heated controversy in the community of criminal law. This essay hereby puts forward certain tentative opinions that are far from being perfect, but hope that they contribute some to the research of this issue and waits to be polished.