Study Of Contract Fraud

Contract swindle is a crime separated from swindle in 1997 when the criminal law was being revised. According to the revised criminal law, contract swindle refers to the behavior in which one defrauds the other litigant of properties, esp. large in amount, during the process of signing and honoring a contract with an illegal intention. Since contract swindle was defined, people who work on the theories of the criminal law and those who go in for judicial practice have engaged in a lot of discussions, but they did not reach agreements on several issues. This dissertation inquires into some of the major problems with the theories of the criminal law and judicial practice, so as to clearly analyze contract swindle and offer some help to future judicial practice.This dissertation includes six chapters:Chapter One is about the crime form of contract swindle. The form is intentional, which has become a common understanding in the field of the criminal law. However, besides direct intention, whether there is indirect intention in the crime is still controversial. The author believes that contract swindle can't be committed with an indirect intention and proves it with the theories of the criminal law and the rules of the present legislation.Chapter Two is about the aim of contract swindle—"illegal occupation". As an intentional crime, contract swindle requires taking "illegal occupation" as the aim subjectively. Based on the different definitions of "illegal occupation" in the civil law and the criminal law, the author analyzes the different understandings of the experts in the theoretical field and proposes some new understandings of "illegal occupation" in contract swindle. For the establishing standard of "illegal occupation", the author agrees to introduce judicial inference into the establishment and reminds the readers of several problems that they may meet in the process. Chapter Three is about "contract". The confirmation of the connotation and denotation of the word "contract" is the presupposition of determining whether a behavior is contract swindle or not. Through analysis, the author points out that "contract" in contract swindle doesn't coincide with that in the contract law but intercrosses into the other.Chapter Four is about the unfulfilled pattern of contract swindle. Starting from the basic theories of the criminal law and combining with the unfulfilled pattern put forward by judicial practice, the author makes an analysis of the establishing standards of unfulfilled pattern existing in the present field of theories.Chapter Five is about the charge pattern of contract swindle. This part is the argument about related criminals, situations for committing crimes, and successive criminals of contract swindle.Chapter Six is about the determination of punishment for contract swindle. Here, the author discusses two aspects: the amount of money sentenced and the seriousness of the crime.