On The Contractual Fraud Crime

The crime of fraud contract is the new economic crimes which in our country socialist market economy establishment process appears, has the enormous social hazardous nature. Our country in 1997 new criminal law stipulated this crime. Since its set up, it has exerted important function on warding the order of socialist economy, protecting property benefit of the parties and striking the crime of contractual fraud. However, because our country criminal law is imperfect to the crime of fraud contract fundamental research insufficiency with out country the crime of fraud contract legislation, has affected the judicial practice work development. So this paper discusses the structure and cognizance of the crime which has ardent dispute by synthetically applying the juristic theory, and adopting the research methods of comparative and positive analysis.The paper is composed of four parts. Part one briefly introduced the concept of the crime of fraud contract and the legislative history of this crime. Part two analyze constitutes of the contractual fraud crime, and offer a more precise definition of fraud with a number of cases. Part three analyze the judicial identification of the contractual fraud crime. Part four puts on some advice in legislation improvement on the basis of the previous analysis about the contractual fraud crime.