Study Of Contract Fraud Problems

After the effort for many years, China's economy has maintained a steady and fast development and the stability of market transaction order plays a pivotal role. Market transaction without contract, i.e. contract. Civil law of the People's Republic of China and contract law of the People's Republic of China play a normative guidance role in govening market trading behavior , but some lawbreakers violate the law of provisions ,wanton crime, threating the stability of the market order seriously and infriging other parties'ownership of property. The main performance is the contract fraud in socialist market economy construction. However, it is poor that contract fraud with pertinence judicial interpretation after the existing criminal law enacted in China. Moreover, some knotty problems without solving lead to inconfirmity in criminating and meting punishment in judicial practice. Although these problems have more research, there are still some insufficiencies, which mainly displays analysis not clear in the fist question.Besides some problems still exist larger dispute, such as direct object of contract fraud crime and the qualitative of object. This article is finding a solution from the legislation evolution of contract fraud and define the direct object of contract fraud clearly ,then the discussing some knotty problems in contract fraud.The article includes five parts:The first chapter is the overview in contract fraud. In this part, this paper captures the process of China's economic development and analysis deeply the legislation evolution and the value orientation in contract fraud . This paper argues that the contract fraud experienced building development process, in which the judicial practice and judicial interpretation play an important role and economic development plays a decisive role. After the two stages studying respectively in the development of contract fraud , the conduct of contract fraud divides into two phases accordingly .It is for the purpose of protecting ownership of property that the conduct of contract fraud with larger social harmfulness is defined as the crime of fraud before seting the crime of contract fraud.After that is for the purpose of protecting the order of market economy.The second chapter is difficult problem of analysis in constitutive elements of the crime contract fraud. This part mainly analysishe some kinks in direct object and objective aspects of contract fraud crime. With analysising comparativly the mainstream view of con tract fraud, this paper argues that the direct object should be market order and property ownership. The contract in contract fraud disturbesmarket transaction orderand has the property transaction properties,and the forms of contract fraud include writing, oral forms and other forms. This paper argues that the object of contract fraud crime includes real estate and intellectual property rights, but not contraband, property interests and business secret.The third chapter is the relation and distinction between Crime of Contract Fraud and Crime of Loan Fraud from the angle of constitutive elements of a crime.The author of this paper has studied carefully with the hope of promoting the development of punishment law research in China.