Contract Fraud, Judicial Determination

The Criminal Law of the People' s Republic of China was amended in 1997, in which Con(?)act Defraud was defined. As a new accusation, there is sill certain controversies over the unanimous parts of the Contract Defraud theoretically. For instance, how to understand and apply the four elements of Contract Defraud accurately? Wether the subject of the contract defraud is market order or owernership of ptoperty. How to understand the meaning of relatively large amount? The psychology of Contract Defraudinclude direct intentionor indirect intention? What is the essenceof Contract Defraud by its objective means ? How to distinguish the complex illegal means? How to judge "llegal Possession Purpose" ? How to distinguish the Contract Defraud, the Contract Dispute, and the Civil Defraud ? The understanding discrepancy can lead to great differences of final cognizance and disputation to a similar case. The author engage in the practical judicial work, combining the work experiences and thoughts, locating the paper writing to the cognizance and analysis of the Contract Defraud in the aspect of Judicial Practice, and also conclude the difficulties in which the current laws may encounter from Justice links and bring forward the thoughts of perfection.This paper has been separated into four parts to study the Contract Defraud. The first part elaborates on the body, the object, the subjective aspect and the objective aspect of the crime corpus in theory, the author also give his own thoughts of the theory controversies, and give the Prerequisite for basic theory. The second part is the main body. From the practical view, Anglicizing the constitution of Contract Defraud in Justice links, emphasizing on the analysis of common means and cognizance, contract nature and its cognizance, subjective illegal possession purposes . with the emphasis on typical cases, the author discourses the illegal possession purposes cognizance in Contract Defraud, and he considers that it is injustice to judge the case only according to the actors' statement, and the judgment should based on conjecture according to the fact. The third part focus on the Thorny issues in Judicial Determination of Contract Defraud, such as anglicizing and distinguishing the boundaries of the Contract Defraud, the Contract Dispute, and Contract Defraud and Contract cheating concretely, so as to handle the judgment of crimes and non-crimes better. The fourth parts state the conclusion of the embarrassment and Defects confront the current Contract Defraud laws when it is applied to practice. As a base of this, the author also advise to expand the objects of Contract Defraud, specializing the clause like 'other methods' in Contract Defraud of Criminal Law, setting up the concrete legislative suggestion of Contract Defraud and others as such.