The Study Of The Contract Crime Of Fraud

The crime of contractual fraud is a new and frequently-occurring crime disrupting the order of the socialist market economy. With the rapid development of the market economy, the contractual fraud crime is becoming increasingly harmful. However, in theory and practice, there are some arguments. The article mainly includes the following problems: the cognation of the "contract", the object of crime of contract fraud, "the intention of illegal possession" of the crime of contract fraud, the amount of the crime of contract fraud, the differences between contract fraud and civil cheat. According to the law and judicial practice, this thesis endeavors to provide some help for the litigation practice.The thesis consists of five parts, adding up to more than 31000 words.The first part is the cognation of the "contract" in the crime of contract fraud. This part mainly discusses three problems. The author thinks the definition of the contract of the crime of contract fraud, is a property contract reflecting the nature of the object and the relationship between the parties under the market economy. The author discusses the types of the contract in the "Contract Law", "Guarantee Law" and the foreign economic contracts. Administration contracts, labor contracts, international contracts can not be the contracts we are talking about. The contract also includes a parol contract, which must be a business one, which is decided by actual circumstances of our market economy.The second part is the object of crime of contract fraud. The object of crime of contract fraud is the public or personal property, which embodies material benefits, not the contract itself. Concrete objects of crime of contract fraud immovable property, illegal the property, part of contraband. But, intellectual property rights and labor service in incorporeal property can not compose the object of crime of contract fraud under any situation.The third part is the criminal purposes of contract fraud. This part mainly includes three problems. The meaning of "the intention of illegal possession" can be understood as "illegal occupancy", whereas "illegal using" has a meaning of making profit from the property. The second question is the time when the illegal possession exists. In actual judicial practice, we should insist on the method of combining subjective and objective aspects.The fourth part is about the amount of profits from the crime of contract fraud. This part mainly involves three problems. The amount of profits from the crime of contract fraud, includes the larger one, the huge one and the tremendous one. The number of direct loss should be the standard of contract crime of fraud, which can be calculated by the market price when the act happened, while the actual loss of the person is swindled can be the reference number.The fifth part is about the differences between the contract fraud and civil cheat. In this part, the author mainly discusses two problems. There are many similarities between contract fraud and civil cheat, however, there are many differences between the contract fraud and civil cheat, such as characters, subjective aspects, objective aspects, the objects, law consequences and so on, while the most difference is the intention of illegal possession.