Contract Fraud

Crime of contract fraud is one new kind of accusations which are stipulated in Criminal Law revised in 1997. To research crime of contract fraud has important significance in both theory and reality .This thesis will inquire into some questions on crime of contract fraud ."The sum up of crime of contract fraud "will introduce the situation of crime of contract fraud and the crime legislations on crime of contract fraud and then define crime of contract fraud .But also illustrate the important significance in both theory and reality of the research on crime of contract fraud .The intent of crime of contract fraud doesn't include indirect intent .The styles of act of crime of contract fraud vary. The contract of crime of contract fraud has valid,contract> invalid contract and undetermined-valid contract. The contract of crime of contract fraud includes not only economic contract but also civil contract,But isn't all styles of contracts stipulated in Law Of Contract Of The people's Republic Of China . And it is a contract in written,oral or other forms.The amount for convicting crime of contract fraud should be the amount of money or property which the victim has actually handed over. The standard of the relatively -large amount should be determined according to the level of social and ecnomical development in the most undeveloped region and the scope of the relatively-large amount should be stipulated by judicial interpretation according to the different level of social and ecnomecal development in the different developmental region."Some dividing lines of crime of contract fraud ".In this section,1 will focus on .inquiry into the demarcation between crime of contract fraud and the act of contract fraud and the demarcation between crime of contract fraud an d the act of d civil deceit;And compare crime of contract fraud with crime of fraud crime of cheating and bluffing and crime of financial fraud;In the meanime,! will analyse one crime or plural crimes of contract fraud;I think that the court should employ the principle of joinder of punishments for plural crimes of contract fraud. Implicated offense in crime of contract fraud includes implicated offense in means or in result and treble implicated offense. I the course of the determination of them,we must differ the accomplished crime from the unaccomplished crime of contract of fraud. And then determine the concrete accusation according to the principle of sentencing on the basic of the most serious crime and giving a heavier punishment. The concurrent crime of contract fraud includes both crime of overlap of articles of law and imaginative jionder of offense,we should sentence it on the basic of the most serious crime .But for the crime of overlap of articles of law,we should determine a accusation according to the principles involved.