Judicial Identification Of Contract Fraud

The crime of contract fraud is designed to defraud money and property of other persons by persuading him to enter into the contract. In judicial practice, due to legislative defects of the criminal law on the crime of contract fraud and judges'understanding of the crime of contract fraud in the judicialry, causing the difference in application. Mainly: 1, the condemnable standard for the crime of contract fraud. The first measurement of penalty in the Article 224th of the criminal law just take the criminal amount as the satandard of judging the crime of contract fraud, which mislead people into thinking the large amount is the sole and absolute criteria of conviction. Indeed, many people understand the criteria for convicting the crime of contract fraud solely and absolutely in criminal theory and judicial practice. 2, Some technical problems in the expression of the crime indictment thereof. Firstly, the"contract"scop of the crime of contract fraud is not determined. Different word for the meaning of contract in judicial practice, some people hold that the contract of the crime of contract fraud just refers to economic contract, some hold the contract in the contract law, while others argue that the contract of the crime of contract fraud excludes labor contract and administrative contract, and so on. Secondly, the targets of the crime of contract fraud. In a broad sense, the targets of the contract fraud include not only property, but also interest of property as well, such as, the opposing party offers the oppotunity of contract bussiness. In a narrow sense, the targets of the contract fraud only cover the property, namely money and valuable material. Thirdly, the expression of"concluding and performing the contract". Some people hold that the contract of the crime of contract fraud limited to written form, the oral contract can not be the contract thereof. Fourthly, the contradiction and inconsistency in the expression of legal articles. The Article 224th of criminal law enumerates five forms of expressing the crime of contract fraud objectively, four of which can be understood as that the doer acts"fraud"literally, but the Article 4th stipulated that"in the case of escaping after received goods, payment for goods, advance payment or property as security of the opposing party", the"escapement"contract fraud is constituted, which seems to lack the act of"fraud". As a result, there is inconsistency when affirm and handle the the"escapement"contract fraud in theory and practice. And therefore, it is necessary to analyze and define these ploblems, and it is of significance to affirm correctly and crack down effectively those activities of the crime of contract fraud to uphold the law.This paper is about 20,000 words including six parts, the content is:In the first part,the identification of the"contract"in the crime of contract fraud. Defining the"contract"by analyzing concept, content, and form of contract.In the second part, the identification in the objective aspect of the crime of contract fraud. Analyzing the crime respectively from such six aspects as the doer is incapable of executing the contract, the doer has resorted to deception so as to make the other party of the contract to misunderstand it; the victim delivers property based on five ways stipulated in the Article 224th of the criminal law; the comprehending concerning"other ways"; and the comprehending of"the amount".In the third part, the identification of the subject of unit crime thereof, analyzing respectively from such three aspects as the subject should be identified as the contract fraud, the subject should not be identified as the contract fraud, and individual implements contract in the name of unit.In the fourth part, the identification of the subjective aspect thereof, analyzing from such two aspects as the content on intention thereof, and take illegal possession as the purpose.In the fifth part, the identification of distinguishing the boundaries between the crime of contract fraud and contract civil fraud, analyzing from such five aspects as whether the subjective aspect of the doer take illegal possession as the purpose, whether the doer is capable of executing contract, whether the doer has resorted to certain fraudulent means, the disposition of matters by the doer, and whether the doer takes the responsibility for performance after broken the contract.In the sixth part, the identification of continual deception and involving in more than one swindle, analyzing from such three aspects as the circumstance of frauding continually and involving in more than one swindle, how to convict and punish, and principle should be insisted.