Discussion Contract Fraud Finds

As the market economy continues to advance, the life rhythm of people and consumption level rise stage by stage. Car rental with its unique convenient to cater to the needs of the market, in recent years developed rapidly throughout the country, with the lease fraud crime also occurs. This unearned behavior not only violated the normal order of market transactions, but also to the leasing company property cause much damage. In judicial practice, the realization of these cases, lie to the behavior of the identification of vehicles repossessed,there are inconsistencies in the legal basis,meanwhile, the case-handling personnel opinions are not unified. Therefore, strengthening this area of research issues related to contract fraud has a very important practical and theoretical value.This paper according to the criminal law theory, based on practical findings, combined with the experience during this difficult case, on the basis of a critical analysis of the cases cited ,have a preliminary and superficial research on these problems.Put forward to improve my future prosecution work. This paper consists of 4 parts,about more than 18,000 words,the main contents are as follows:PartⅠ:The basic facts are described.This section mainly introduces the basic situation of the case and court hearing situation.PartⅡ:Summed up the focus of controversy which hold by both the prosecutions and the defenses,and then pointed out these legal issues:First,such as these qustions that raised by the contact fraud: the scope of the"contract"as well as its form;Second,wether the Yin had the purpose of illegal possession or not?Furthermore,how to identify the subjective purpose;Third, wether his behavior mean to contact fraud or gerenal fraud?PartⅢ:Have a deeper study on these central issues.In this section,contacting part one and part two talk about the scope of the"contract"as well as its form in contact fraud,the identification of"illegal possession",the boundaries with other crimes and so on.PartⅣ:Combination of the foregoing,show a kind of my own opinions on this case.