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Simple Analysis On The Difference Between Crime Of Contract Fraud And Economic Contract Dispute

Posted on:2011-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:L TianFull Text:PDF
GTID:2166360305464972Subject:Law
Abstract/Summary:PDF Full Text Request
The cases of economic contract dispute are increasing under the conditions of market economy. Meanwhile, the economic frauds are also fairly common issues by the economic contracts. The economic contract frauds comprise the largest proportion in various fraudulent cases related to contract. Because the contract fraud appears in the form of contract, it has the features of complexity, disbursement and fraudulence. When the problem is exposed, it often intertwines with economic disputes. Therefore, in judicial practice, the two are often confused, resulting in a number of judgments in dispute.Criminal law has defined the contract fraud more clearly to crack down the economic contract fraud activities, which can safeguard the socialist market economy stable and developing. The elements in its composition, the actor must be in intentional crime. That is, he has the illegal purpose to possess property of other, which is the most important boundary to differentiate between contract fraud and economic contract dispute. With reference to its nature, in the process of signing and performing the contract the actor must be fraudulent. Additionally, it is also the contract fraud that the actor does not perform the contract at all after signing contract, receiving goods, payment, advance payment, or property as guaranty from the opposite party.Some relevant legal issues were promoted by concrete case and arranged the academic issues between the contract fraud and economic contract dispute. In the first part, the basic fact of case and the main legal issues to which referred in the process of settling case were introduced. In the second part, the economic contract dispute and contract fraud were differentiated in theory and practice, respectively. Definitely, the two of them were analyzed, concerned with their definition, characteristic, feature, subjective and objectiveness. And so the judicial fact-finding process about the economic contract dispute and contract fraud was set forth. Meanwhile, some opinions were set forth focusing on the case from XU. At the end, some faults of ruling the contract fraud were introduced. Furthermore, some advice about how to improve the accuracy of ruling was also set forth. Through the above comparison and analysis, we can grasp the nature and feature between the contract fraud and economic disputes, which can help us to punish the illegal, crack down the crime, and implement justice effectively. All of them will be able to promote the further development of China's legal construction.
Keywords/Search Tags:Contract Fraud, Crime of Contract Fraud, Economic Contract Dispute, Characteristic, Compare
PDF Full Text Request
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