Constract Fraud

《Contract law of the people's republic of china》has weaken the regulation of contract fraud,and the behavior of contract frauds are payed close attention to by many people.Based on various materials and careful analysis,A legislative proposal of the application of this system in china is made.The writer believed that the constitutive requirements of contract fraud should be intent,because the intention of behaviorer is to put the other party into misunderstanding and sign contract.The constitutive requirements of fraud don't need the intention and result to damage the other party,just need the frauders has the intention to tempt the other party to sign the contract.The behavior of frauding must be active,passive behavior_silence don't constitute fraud.But in special condition,Interested party has the duty to informing but conceal the fact of the contract constitute frauds.The behaviorer of contract frauds maybe the third party,the third pary's fraud has the same result as the interested party's fraud,and Suit the same regulation.But subjective aspect of third party is different from the interested party's,the third party's intent and fault all constitute frauds.The fraud behavior done by the third party can not cancel by the other party in contract,but in the situation that the third party knows or should know the third had enforced the behavior of frauding,the other party in contract has the right of canceling contract.The statement constitute contract frauds should be the statement of fact,and always the fact about the past and now,View don't constitute fraud;The intention about future don't constitute fraud also,but conceal the intention deliberately about future may constitute fraud,the promise about future constitute fraud;The statement about law don't constitute fraud,But a law worker's statement to layman about law constitute fraud,the statement about law in foreign country is the statement about fact,and can constitute fraud,boastment and hyperbole is different from the fact,but don't constitute fraud,and constitute fraud when it related to special fact,the statement constitute fraud is clear but important.The interested party in contract sign the contract based on the reliance on the false statement,constitute contract fraud and should bear legal liability.when the interested party in contract sign the contract had not based on the reliance on the false statement,the person of making wrong statement don't bear legal liability.