On The Construction And Determination Of Contract Fraud

The crime of contract fraud ,which is a new charge in the current Criminal Law in China, has been playing an important role in protecting the dealing order of socialist market and the property right of litigants, and in fighting this kind of crime since its establishment. However, it has also given risen to many controversies in the academic circle and judicial departments. According to the law and legal practice, this essay, which aims to clarify the concept of the crime of contract fraud and to help the administration of justice, makes a tentative study on the constitution and cognation of the crime. This assay is divided into 2 parts, which are expounded as the following approximately 35 thousands Chinese characters. In the part of the constitution of the crime author makes a thorough study on the constitution of the crime of contract fraud, of its object, its objective aspect, its subject and its subjective aspect, the cognation of the crime part mainly deals with the dividing lines-between contract fraud , contract cheat ,and contract dispute, the comprehensive cognation of the crime, the accomplished state and not accomplished state of the crime; the simple and complex offense and the dividing lines between the crime of contract fraud and the crime of fraud.