Contract Fraud And Contract Fraud, To Defraud The Distinction

The crime of contract fraud is an important economic crimes after the revision of criminal law provisions, and a familiar crime in present judicial practice. With the diversification of economy development, the crime of contract fraud crime form emerge in an endless stream, caused a society and academia's attention. The current criminal law of our country while punishing the crime of contract fraud provided legal basis, but in judicial practice, to pursue an individual contract fraud liability is not an easy thing. But the crime of contract fraud and civil contract fraud and crime of fraud in the objective behavior have many of the same points, in distinction to the judicial practice officers of great controversy, ultimately affect the nature of the case that. The current legislation provisions the crime of contract fraud in the specific provisions of criminal law the third chapter the destruction socialist market economy order crime, the crime form bound and economic trade form inseparable, value must comply with the order of the market economy needs. The crime of contract fraud is isolated from the crime of fraud, compared to crime of fraud, the crime of contract fraud belongs to the special, the first to meet the general requirements of the crime of fraud. In addition, the contract crime of fraud of contract is not an ordinary contract, that reflect the market order of the contract. In transactions in the market, there are a variety of illegal behavior, to distinguish between what is the crime of contract fraud required objective important document, distinguish what contract belongs to the crime of contract fraud required economic contract, to distinguish between this crime and other crimes are must be considered in the process of handling of case, thus has created a lot of controversy, especially for distinguishing the crime of contract fraud and contract fraud is more difficult in the judicial practice. Therefore, this paper will combine the basic principle of criminal law and China's" contract law" provisions, judicial practice in some hot, difficult problems systematically elaborate and discuss, in order to better identify contract fraud, prevent the results of the fraud occur.This article takes the case and the theory research of combining research methods, and discuss by four part. First of all, introduction the constitutive elements of a crime and the circumstances of the case. Secondly, from the specific case proceed with, through the case of dispute and disagreement regarding the induction, leads to the related theoretical research. Third, through the case involved the contract fraud crime of contract fraud crime of fraud, and the relevant theoretical research, to distinguish between the crime of contract fraud and contract fraud and crime of fraud difference. Finally, through the theory research and analysis of the case, obtaind the outcome of the case.This article selected case reflects some controversy in the process of handling the criminal civil cross case. Handle this kind of cross cases, not only to analysis of the case involved the constitution elements of a crime, also to analysis of cases involving civil legal relationship, ultimately from a case of whole obtains the reasonable opinions. This paper will analyze the relevant legal principles on the basis of the study, and put forward some suggestions to deal with the criminal civil cross case .