| The crime of contractual fraud is that a person uses the cheating way to swindle others money and materials that include more amounts in order to accept illegal occupation during the course of signing and performing contract. When our country develops the institution of market economy increasingly, People's defrauding actions of using contract come to appear and criminal types increase. The defrauding crime of contract is signed as a single crime in the new criminal law and differs from the defrauding crime. Because of the generalization of the items of criminal law, in our country the criminal law is not enough explanation of the defrauding crime of contract and absent the true construction, especially the confirmation of the person's subjective factor, so that it makes disputation in the litigation practice.The article includes five parts, they study the innocence and crime of the contractual fraud. Firstly, it grasps the premise and base according to two factors: basic principle and criminal base. The explanation is the base of the article; Secondly, the article emphasizes on "the theory of goal" on the base of the disputation of the theory and the practice about the innocence and crime of the contractual fraud; Thirdly, the article speaks of "the goal of illegal occupation" of the contractual fraud, analyzes carefully the concept understanding and confirmation the emerging timeand sets up the understanding standard-inference. We can differbetween innocence and crime according to the style of inference and the person's objective condition, on the base of fact and law; finally, the article uses the person's objective condition to differ between the crime of the contractual fraud and the contractual disputation the civil cheating on the base of the principle of the unify between objective condition and subjective condition.During the course of the writing, the article uses all kinds of the ways: including the way of the case, it analyzes the principle of the innocence...
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