A Study On The Difficult Problems In The Determination Of Contract Fraud

Contract fraud is refers to, for the purpose of illegal possession, in the process of signing, to perform the contract, to conceal the truth fact or fiction, defraud the other party’s property, large amount of behavior. Contract fraud crime is the organ of state power according to the needs of the development of social economy, gradually to be singled out of crime, it not only destroyed the normal order of market transactions, also impact the normal contract integrity of the whole society, so the judiciary accurate cognizance of such crimes and to crack down on to safeguard the unity of the judicial authority, guarantee the rule of law is of great significance. However, in our country criminal law theory and judicial practice, for the cognizance of the crime of fraud of the contract still exist some problems and controversies, there are the judicial personnel to understand, is inconsistent with the execution situation. This article on the work to deal with the actual case, the author draw out that exist in the judicial practice of contract fraud crime of difficult points, put forward the problems need to be solved by citing works at home and abroad comparative analysis, points out that to be able to conclude and there may be insufficient, in order to form more clear, specific, strong operability conclusion is applied to the judicial practice.