On The Determination Of Crime Of Swindling Via Contract

With a view to facilitate the management of market economy, crime of swindling via contract, enacted in the Criminal Law of People's Republic of China, is a new crime of economic type, aiming to penalize whoever, in violation of the principle of fairness, commits fraudulent act to defraud money or property of the other party for the purpose of illegal possession, if the amount involved is relatively large, during the course of concluding or fulfilling a contract. The constitutive requirements of this crime should be taken into serious consideration, and the subjective aspect of this crime is to be judged by the intention of the purpose of illegal possession, which shall be based on what actually occurred later on. That's why it is extremely hard to determine whether one commits this crime or not. Small wonder that both parties and judicial personnel have different, or conflicting viewpoints on its determination. Therefore, this dissertation starts by exploring the origin of this crime from the viewpoint of the development of economy and the tendency of legislation. And it goes on by analyzing the constitutive requirements of this crime with the emphasis on clarification of the differences of crime of swindling via contract, contract disputes, and fraudulent act. All analyses justify the conclusion that this crime is theoretically a mixture of offense to intent, behavioral offense and offense of consequence and there is only one state of criminal pattern that one completes the crime if he completely commits it. And the analysis of requirements and standard of penalty of this crime shall lay a solid foundation for its convictionand punishment in accordance with law.