Study On Issues Of Crime Of Contract Fraud In The Field Of Judicial Vision

The crime of contract fraud is a new accusation, firstly stipulated in the 1997's Criminal Law of the People's Republic of China. The original aim of this legislation is to regulate a flow of situations of defrauding privies of property, during the procedures of signing, performing the contract, in various ways. The provisions of the contract fraud crime are particularly described in details, including almost all the situations that should be punished by this crime, at the same time, in the last clause, supply a"if defrauding privies of property in other ways"as the minimum-guarantee clause, in order to avoid the gap in law, to avoid that the new situations, problems cannot be penalized, due to the rigidity of the law. The crime of contract fraud belongs to the statutory absichtsdelikte, which means the aim of illegally possessing others'property is the necessary premise. Thus, what is the aim of illegal possession becomes an extremely important premise for judicature, which cannot be shunt aside, to determine the commission of this crime. What this thesis focuses on is that in the judicial practice, the difficulty to determine the aim premise, generates the crime of contract fraud cannot accurately be applied, or punish some acts aggressing the good faith system of contract seriously, and leads to the confusion for the judicial offices to transfer or suspend cases when the civil and criminal affairs intercrossing. In order to demonstrate it more vividly, expatiate more definitely, and to be more convinced for the settlements, I study the above problems through the analysis to a case. This thesis consists of four chapters:In the first chapter, I present a typical case suspected of being involved in complicity of the crime of contract fraud. Because there is no judicial result as the reference to determine the nature of this case, I firstly analyze the construction of the crime of contract fraud, according to the clauses about it, to determine, whether the act is guilty, and the very kind of criminal pattern of the act, furthermore to identify the natures of the acts of respective suspects.In the second chapter, on the basis of the above analysis, I revise and adjust the offenders'acts. Considering the normal act ways of offenders at present, I make a good many assumptions similar with the civil fraud, to make the situation so vague in the extreme that it becomes hard to determine the crime of contract fraud. Therefore, I get the conclusion that the present clauses on the crime of contract fraud may be obviated with malice or applied negatively.