Study Of The Legal Issues Of Contract Fraud

Contact fraud becomes increasing frequent in China. In this dissertation, the notion, legislation and distinguishing features of contact fraud were studies. Flaws of legislative control and difficulties in judicial assertion of contact fraud were discussed. Some advices were proposed to promote the maturity of legislation.This article was constituted by five major parts:1) the major problem of the judicial assertion of contact fraud existed in China. Controversy over assertion of contact fraud in judicial practices was proposed. Difficulties in judicial determination and settlement of new variation of contact fraud were further investigated.2) Theoretical basics of contact fraud. After the notion of contact fraud clarified by judicial cases, legislation of contact fraud were analyzed to distinct the legal content of contact fraud.3) Caparison of civil acts related with contact fraud and referring legal practice. Differences of contact fraud and other illegal acts in market dealings were pointed, which is very important in guiding judicial practices of better identifying contact fraud and forestalling such crime.4) Judicial assertion of contact fraud. The despite and difficulties existed in the judicial assertion of contact fraud were showed through both subjective and objective aspect of the assertion.5) Differentiation and transformation between contact fraud and the crime of swindling in contract. Both theoretical and practical differences between contact fraud and the crime of swindling in contract were analyzed. Confusion and transformation between those two crimes were further discussed.