Dissertation On Crime Of Fraud Of Contract

Crime of fraud of contract is a new charge regulated by 1997 criminal code. Some beneficial discussions have been made on it theoretically and empirically by now. But further research still needs as judicial practice could not follow the same line on verdiction of some concrete crimes because common sense is hard to arrive at theoretically .The article includes five parts. The foreword concisely introduces the severity and the cause of crime of fraud of contract. The first part mainly puts foundation of further research by giving definition of some basic conceptions such as the contract concerned, the crime itself, etc. The second part analyzes the constitutive elements of the crime, in which the definition of objective of the crime is emphasized, noting that it should not be confined within the boarder of traditional property, but extend to propertial interests. Constitutive elements of unit crime , forms of guilt of the crime and connotation of intention of unlawful possession as well as principles of conviction on it are also reasoned as well as forms of appearance of the crime discussed. The author also views that the crime could be committed by inaction. The third part intends to distinguish the crime by stressing the dividing lines from fraud of contract in civil field, from crime of fraud and crime of appropriation of property, which are easy to be confused in judicial practice. The forth part systematically demonstrates the forms of crimes. Thus the author draws following conclusions: those who commit homo plural crimes should not be given comprehensive penalty; those who commit implicated offences, which include implicated means, implicated results and tri-implications, should be given verdiction in line with the principle of the most severe crime; coincidental offence of the crime includes imaginal coincidental offence and rule coincidental offence , which the former should be punished in accordance with rules of punishing implicated offenders while the latter on some other certain principles. The fifth part discusses the amount of value of the crime. By re-establishing the standard of distinguishing between accomplished offences and attempted offences, the author holds that the amount of value working as the conviction standard should be conformed on the value of the goods that has been handed over by the victim. The article also clears up the ideas of forms of attempted crime, of accomplice, of the amount of value of the chain fraud of contract.