On The Crime Of Contractual Fraud

Owing to its complexity in reality, the crime of contract defraud is very hard for the judicial branch to discern and punish. On the other hand, there are lots of blur between this crime and other related concepts or crimes. In this perspective, this thesis will focus on several important aspects of the crime of contract defraud: Firstly, the author conducts research on the prerequisites for the crime of contract defraud. On one hand, the author explores the history of the crime of contract defraud, especially its development between the two Criminal Law adopted by China during the past decades. From such research, we can deepen our understanding of the status quo of the crime of contract defraud and what's the real impetus behind such kind of development. On the other hand, the author uses what we got from the historical research as a perspective, from which the author can make it clear the value orientation of the crime of contract defraud. By comparing various arguments, and combining the concerning legal practice, the author hopes that we can get something useful for the later interpretation.Secondly, the author makes lots of efforts to explore the constitution of the crime of contract defraud in the context of juridical judgment. In this part, the author lists several important characteristics of the crime of contract defraud in reality. After summarizing such common points, the author then conduct research on the constitutional elements of the crime of contract defraud. Later, by combing the characteristics in reality and the theoretical constitution, the author draws conclusions towards several key points of the judicial judgment of the crime of contract defraud.Furthermore, the author expand research on the key points in the judicial judgment of the crime of contract defraud into details, which including the'company subject of the crime of contract defraud', the'intent'of the crime of contract defraud, the meaning of the concept of'contract'of the crime of contract defraud, etc.Although those points mentioned above belong to different aspect of constitution of the crime of contract defraud, as long as relying on the value orientation of the legislation and the legislation principle of criminal law, we can still provide some workable instruction for the judicial practice.Finally, there are lots of other concerns about the judicial judgment of the crime of contract defraud except the positive ascertain. Such as it is very difficult and complex for us to differentiate the crime of defraud and the crime of contract defraud, crime of encroaching and the crime of contract defraud. Only by discern the differences between those similar concepts mentioned above, can we get a clear picture to find which is the best way to fight against the crime of contract defraud.Crime of contract defraud not only do harm to the property right, but also the contract ordinance of the market orientated economy. So it is very important to pursue related research in this area.