Several Problems About Confirming The Crime Of Contractual Fraud

Contract is the base of market economy exchange. Roman law makes sure that appointment should obey the contract which is the foundation of benefit shift. From the point of ethics, contract is the reflection of honesty. It is not longer for the national market economy to develop; various laws and regulations have not been perfected. With the fast development of economy, the number of contracts is large, so the contract disputes grow. Some bad men cheat by making use of contracts to destroy the economy exchange rules. For the separation of practice and theory, some contract cheats are thought contract issues falsely. There are four parts in the passage to explain the definition of contract cheat.In the first part, it is necessary to define the criminals makes use of contract or not. It is the difference of contractual fraud and common cheat. And the premise is there existing contract or not. But the law does not explain what the contract means. The following problems should be defined for understanding the contract: One problem is the legislation origin of the contract cheat. It is the new appended sin in 1997 criminal law. There are three legislations about contracts before the legislation in 1997. Superadded some regulations about contracts in the general provisions of the civil law, these regulations and laws adjust in their own region before the legislation of contract in 1999. And now they are unified to be the current contract law. The second problem is the crime object. In the section of destroying socialist market economy order, the crime object is summarized to be public and pirate property ownership or contract management order in the criminal law theory. From the point of crime object, the conclusion can be made that the contract is related with market exchange. Another problem is the contract form, including oral and written form. The last problem is the essence of contract in cheating crime. The contract is sympathetic action. There are three characters of this action. Firstly it is an operation action. Secondly it is the action with the aim of benefit. Thirdly it is engaged by the market body.The second section is the summary of the crime's objective performance. There are various cheating ways and we can know it to protect being cheated in the real life. In the judicial practice, the kinds of contractual fraud are mainly forging paperwork, investment cheating and so on. With the development of science technique and the usage of internet, in the current stage, there appear different characters in the contractual fraud. There characters arouse more serious problems. The first performance is the incensement of the cheating amount. Generally the common cheating crime happens among the people and the cheating amount is not very large, sometimes only several thousands. But the contractual fraud crime mostly happens in the operation and industry region. The cheating property amount is large, even more than several billions. The second problem is that cheating criminal is good at making use of the victim's thought. The third problem is that the cheating crime is good at hiding itself. The fourth problem is that the cheating crime has higher intellectual level. The last problem is that the crime is very complex. The contractual fraud crime is related with collaborative crime, false investment, smuggle, paying taxes evade and so on.The third section is related with the definition of the aim of illegal possession in the subject part. The contractual fraud is separated from the common cheating. But there is no assured opinion that there is the aim of illegal possession or not for the common cheating in different countries. The writer thinks the illegal possession is necessary to form the cheating or contractual fraud. If there is no this aim, the cheating crime or contractual fraud crime is not formed. Although the illegal possession is the necessary factor, the current problem is how to define the concept of illegal possession. Regardless of theory or practice, it is difficult to define it from the subject angle, especially in the evidence; if we want to define there exists the aim of illegal possession, we should define the following facts. One problem is the actor has practical ability or guarantee to fulfill the contract or not. It is very meaningful to define the aim of illegal possession. The second problem is actor has practical contract fulfillment or not. The third problem is actor how to dispose the acquired subject matter or there is performance to toe the market or not. The third problem is the cause of actor's un-fulfillment. After making clear of above facts and summarizing the evidence, we can make sure there is illegal possession aim or not according to the principle of subject and object unification.The last section is the difference of contractual fraud and contractual fraud crime. One is mostly regulated in the criminal law; another is mostly regulated in the civil law or contract law. After summarizing other opinions, the aim of cheating is important, what the criminal got is not the focal point. Cheating only a kind of way and it is usually cooperated with some legal actions. In other words, cheating crime is formed with aim of illegal possession and other actions. The nature and way can be stressed. The result is not stressed. If there is fabled facts and cheating aim, the cheating crime can be formed.