Definition Between Contractor Fraud And Contract Fraud

Contractor fraud refers to the act of gaining the improper benefit through fictionalizing the fact and concealing the truth to lure the opposite party to make the wrong meaning indication in the process of signing the contract. Contract fraud refers to the act of swindling amount of property as illegal possession through fictionalizing the fact and concealing the truth in the process of signing and fulfilling the contract. Viewing from the surface, there are many similarities. However, they are two different illegal acts after all with different regulations in trait. Though the practical criminal law provides the reference for punishing contract fraud, in the judicial practice, how to distinguish contractor fraud and contract fraud is an issue deserving the attention.This thesis analyzes the difference between contractor fraud and contract fraud from theory through twelve sections in the four chapters and explores the distinguishing means and standard in the judicial practice to give implication to the judicial practice. The first chapter covers the basic theory of contractor fraud. The first section states the definition as well as the components of contractor fraud, including the followings: act of contractor fraud; the intention of contractor fraud; cause and effect relationship between the fraud and wrong meaning indication of the opposition. The second section is the type of contractor fraud. With the development of economic reform as well as the market economy, act of contractor fraud varies in the economic activities, mainly includes: (1) designing trap skillfully; (2) releasing in order to catch; (3) declaring to sell inclusively; (4) circumvention from law; (5) being fabricated; (6) enticing by law price; (7) substituting stealthily; (8) false document; (9) two marriages with one bride; (10) being in cahoots with evil intention; (11) committing a crime through collaboration; (12) a crafty person having several ways out; (13) on the verge of bankruptcy. The third chapter illustrates the nature of system regulating the contractor fraud in civil law and discusses the issue that the system for swindling in civil law and the fraud in criminal law is different.The second chapter states the basic theory of contract fraud. The first section covers the definition and trait of contract fraud. The second section illustrates the definition of contract in contract fraud. The author takes the view that whether the contract is the one in broad sense or the narrow sense is not stated clearly in the criminal law and judicial explanation. In practice, there are many explanations of scale as well as forms of contract, affecting the qualification of some contract fraud crime. Therefore, it is necessary to do a careful research. The third section covers the component of contract fraud crime, including subject of contract fraud, the subjective aspects of contract fraud, the crime object of contract fraud, and the objective aspects of contract fraud. The fourth section states the details of contract fraud. According to the regulations in 224 term of Criminal Law, there are five types of contract fraud.The third chapter covers the comparative analysis between contractor fraud and contract fraud. The first section discusses the difference in objective aspects of contractor fraud and contract fraud. The concrete difference includes: the object is different; the act content is different; the amount of price of the subject harmed is different. The second section discusses the difference in subjective aspects of contractor fraud and contract fraud. Subjective aspects of contract fraud have the direct intention and goal of possessing the property of others; that of contractor fraud ether has the direct or indirect intention. Whether there is indirect intention in contract fraud is controversial in criminal law. There are positive and negative theories. The author agrees with the negative theory, that is, the contract fraud is composed of only the direct intention and states the reason from three aspects. In addition, though contractor fraud and contract fraud are committed by the direct intention, the goal of the subjective intention is different. The goal of contract fraud is the illegal possession; intention of contractor fraud lies in that the actor interferes with the freedom of the opposition to act correctly through false act and the connotation of fraud covers the following two sides: the first level refers to the intention of making the opposite have the wrong consciousness; the second level refers to the intention of making the opposite do some wrong indication. The third is the difference in time for intention appearance of contractor fraud and contract fraud. The appearance of intention of contract fraud is complex, including the intention before the event and during the event; restricted by the intention content of contractor fraud, intention of contractor fraud must appear before or during the signing the contract. There in no contractor fraud intention in implementing the contract, different from the appearance of time of intention of contract fraud.The fourth chapter covers the definition of contractor fraud and contract fraud in judicial practice. It is difficult to master the psychological movement of people since it cannot be seen or touched. Therefore, deducing the intention based on the consequence is a good means of differentiating intention of contractor fraud. However, we should pay attention a fact that intention unifying with the consequence is not a rule, that is, sometimes they unify, sometimes not. Therefore, we can not deduce the intention from consequence. In judicial practice, we must consider many sides to analyze the different psychological movement of these two kinds of crimes. The first section covers the recognition of nature of the objective attribute as well as the acts of the subjective psychology of the fraud actor. According to the act trait, we can judge whether the fraud actor of the contract has the intention of gaining the illegal possession and based on this we can determine the trait of the act. Through exploration, the author concludes the means of recognition of the illegal possession goal in judicial practice: the performance ability; act of performing the contract; disposal of the property gained; attitude after the event. The second section covers the impact of the amount of property on the act trait. In differentiating the contract fraud and contractor fraud, we should make clear that whether the actor has the intention of possessing the property of others since the act trait will provide objective clue for judging the intention in some degree. When he has the intention of possessing the property of others and perform the fraud, the amount of property can become the decisive factor in determining contractor fraud or contract fraud. The third second illustrates the impact of recognizing contractor fraud and contract fraud. Regulations in contract law are flexible and open, including written and spoken and so on. There is contractor fraud in different forms of contract. There is no agreement on whether component of contract fraud is affected by forms of contract mainly due to two issues: whether form of contract fraud covers the spoken contract; whether certain written contract that has been implemented is included in contract fraud, such as notarization, visa or the contract approved by the authorities of the country.