Research On Contract Fraud Crime

Contract fraud crime stipulated in the 97criminal law is an ancient and young topic. Said it is ancient because the contract fraud crime leaves the womb to cheating crime, in its aspect and so on fundamental construction, exterior characteristic displaying with the fraud crime similar characteristic, but fraud crime has long-time origin in the human history; Said it is young because under the socialist market economy condition, the use contract way implementation heating, compares with the ordinary cheating has the new characteristic, manifests the time characteristic, presents the development the tendency. In the last few years, many scholars conduct research to the contract fraud crime from different angles, and has published the massive valuable special works and dissertations, may say is all flowers blooms together to the contract fraud crime research, hundred school of thought contends. These outstanding works and paper to the judicial practice in correctly recognized without doubt the contract fraud crime has the positive promoter action.This article author believed, although regardless of or holds from the academic level from the material on, the authors all are unable with the expert to compare, but based on exploration courage, and because different persons observe the question differently, the ponder way is different, perhaps can bring certain enlightenment to the identical question elaboration.This article altogether is divided four parts:The first part mostly discusses essential features of contract fraud crime. I insist on theory of three main conditions in a crime and at the same time I think material representation of criminal feature is criminal object which mass embodies features of contract fraud crime. So this part advances main object of contract fraud t crime is violating market-bargaining order which embodies its feature through analyzing object of contract fraud crime. This establishes foundation for the next three parts and insists on cognizing the detailed matters of contract fraud crime from argumentation of object features. The second part analyzes basic structures of contract fraud crime. This part summarizes detailed representation form from the crimes basic structures and its features. I think contract fraud crime's basic structures, which include cheating behavior, understanding error, delivering behavior, obtaining property and property loss, are similar to cheating crime's basic structure. Accordance of basic structures is the premise of composing cheating crime. But detailed representation is closely related to content and format of contract which is the key distinguish contract fraud crime from fraud crime.The third part divides and analyzes the types of contract fraud crime. Especially this part analyses if a few kinds of disputed contract in practice can be contracts of contract fraud crime. Firstly article induces collective features of contract fraud crime from the aspect of object features. Then, it demonstrates what kind of detailed contract of the civil contracts, labor contracts, administrative contracts and oral contracts can be contracts in contract fraud crime.The fourth part mainly dissertates connotation and judicatory cognizance for encroachment purpose in contract fraud crime. The connotation of encroachment purpose is the subjective theory norm which cognizes if constitutes contract fraud crime. The judicatory cognizance is a practical method subjective purpose from aspect of extension. Combining two aspects will direct significantly to distinguish contract fraud crime from civil cheating behaviors and similar crimes.