The Contract Fraud Knotty Problems Research

China's "Criminal Law" Article 224 of the contract described as fraud "to the illegal possession for the purpose of signing to fulfill the contract process, obtaining the other party property, large amount of behavior", which is China's Criminal Law in 1997 amendment separate from the fraud, an additional charge. The rapid development of the socialist market economy today, a contract dispute caused growing number of cases of economic classes, which implement the use of contract fraud behavior is typical. Establishment of contract fraud, the parties to the contract for the protection of property rights and interests and maintain market order and contract management to combat, prevent contract fraud, has played an important role. But now both the theorists or the charges of judicial practice units in the understanding and application of fuzzy regions still exist, sometimes even affecting the crime or, this crime and he identified the crime. In this paper, a judicial practice in the real and typical case of primer, try to contract fraud on the judicial determination of some controversial issues were discussed.Full text of nearly 20,000 words, the main contents are as follows:The first part is basically the case first introduced the basic merits of the case and the trial of the judiciary.The second part is caused by the case law, pointing out that the controversial case of the three controversial legal issues.The third part is involved in this detailed analysis of several controversial issues, accounting for most of the space of this article, is the focus of this article. This section is divided into four sections.The first section is on China's "Criminal Law" in contract fraud features of the composition, in brief the main characteristics and object characteristics, the ink on the subjective state of mind focused on the objective characteristics and behavioral characteristics of the analysis, because the two who is contract fraud and other similar acts differ embodies. Detailed demonstration of the two, for the next issue of the dispute settlement laid a solid theoretical foundation.Section II is to contract fraud in the "contract" to define, discuss the problem in two parts. One is to contract fraud in the external form of the contract, the author first introduced the controversial theorists on this issue, and then raised the problem of defining the key, and finally draw their own conclusions, that is, the contract should the contract fraud, including non-written contract, one of the most typical is an oral contract; the other is contract fraud problem in the contents of the contract, the author under the contract the object of fraud made two features in the content of the crime "contract" that must be met requirements.Section III is a civil contract fraud and contract fraud identified boundaries. In this section I begin by stressing that the two most fundamental difference is that the former has the "illegal possession" of the criminal purpose, other differences include the following performance capabilities of different stages of the contract showing the different plot and after signing the contract different and so is the attitude and behavior based on whether the purpose of illegal possession and made.The contract is entered into the fourth quarter when the mediator fraud how to identify behavior analysis. With economic development, mediator in the process of contracting more and more active, play a unique role, but once through its intermediary, the contract entered into mediation as a tool for contract fraud, the mediator's behavior for what identified. The author also stressed the subjective aspect to a crime of "illegal possession of purpose" as the key mediator of the subjective state of mind on a variety of possible scenarios for each analysis.The fourth part of the contract fraud made some good suggestions. These include the subjective purpose of the charges, objective behavior occurs because of the times and the direction of a complete set omissions, including the practice of justice charges arising from the criminal took place between the amount of conflict analysis and resolution. I sought from the legal theory and practical aspects on the basis of closely as possible leak of contract fraud to fill a vacancy, it can be perfect to be effective.