A Study Of Subjective Aspects Of Crime Of Fraud Of Contract

Along with the rapid development of socialist market economy, the effect of the contract in social economic life is more important. Except the benefit of the contract in daily life, it aiso brought the use of contract-related vulnerabilities, badly use of the acts, and these acts cause serious damage to the state, the collective and the legitimate interests of others. After the criminal law was enacted in 1997,various legal publications have published papers about contract fraud.Many textbooks on criminal law and monographs on economic crimes is also addressed in this crime, but these topics are very similar,These books have discussed on the the concept and characteristics of the crime and limits of civil fraud.Currently, researches on contract fraud in the field of criminal law researches is scattered and lack in the depth and systemic of theory. In judicial practice, contract fraudations of contracts, disputations of contracts and contract fraud are very similar. And the confusion has led to controversy of the judgments. According to article 224 of the Penal Code, contract fraud refers to the illegal possession for the purpose, in signing the contract process, to take a fictional series of facts or hiding the truth to deception to cheat the other party a large amount of property accounted for have for its own acts.Then we can find that the purpose that illegal possession of other's property is the most important feature of the crime of contract fraud, is what the contract is different from other contract fraud crimes acts.The author had used the comparative method and the method of logical induction to highlight the subjective aspect of the contract fraud, no matter the provisions of legislation, in fact, the purpose of illegal possession of fraudulent type of crime is still a subjective element into the crime.The author also gives a scientific definition of the purpose of contract fraud.the last time on the subjective aspects of the production were studied.At last I also have an research on the time of subjective aspects.In judicial practice it exsits some shortages in the criminal presumption of the subjective aspects in contract fraud,we propose a specific method for criminal presumption.I also identifies new problems in subjective aspects of the crime.I suggests that the extension of the subjective aspects should be extended.And we should make differences between the ordinary fraud and the crime. I suggest that the extension of subjective aims of the contract fraud crime should be extended.Then our criminal legislation will follow the world trend of development of new criminal legislation.