Contract To Defraud Study

Contractual fraud crime is a new kind of crime of disrupting the order of the socialist market economy crime. Because this crime is easily confused will common contractual fraud activities and has many similarities with other fraud crimes, there are arguments and divaricators in judicial practice. Along with the development of market economy of our country, the diverse of contractual fraud is more and more serious. Therefore, through the analysis and discussion of the contractual fraud crime, the author illustrates the constitution of crime and the borderline between legal activities and illegal activities.This article is delivered into four parts. The forward shows the severity of constitution of contractual fraud crime which focuses on the representation of the disserve in subjective aspect. In objective aspect, there is divaricator on whether the intent of this crime should involve indirect intent besides direct intent.Part three discusses the problems in judicial practice. The cognizance of illegal possession should be related with the factors of subjective aspects. In terms of cognizance of the illegal incomes, the author thinks it depends on whether it is an accomplished crime or an attempted crime. As for attempted crime, the amount in the contract should be the criterion of conviction and the delivery is onlya reference of conviction. As for the accomplished crime, the delivery should be the criterion of the conviction.Part four illustrates the penalty and the defects in law making of this crime. And the author shows some advice in law-making and judicial practice according to the economy of the penal principles and regulations of this crime domestically and abroad...