Analysis On Mr.Wang’s Contract Fraud

With development of China’s market economy, all the current economic criminalcases, the contract fraud case keeps in the first place, has become one of big anddifficult hot in the judicial practice. In recent years, some of the controversial casesfrequently appear in the view of the people. Due to inadequate evidence, prosecutordecide not to prosecute contract fraud in the public prosecutor’s office to prosecuteMr.Wang’s review stage. There exists three different views in the judicial process ofMr.Wang’s contract fraud: not constitute, difficultly constitute the crime of contractfraud and crime of contract fraud. Through a jurisprudential analysis of the case: Toaccurately grasp the crime of contract fraud and the boundaries of civil fraud, is thekey to distinguish between crime and non-crime. Mr.Wang has a subjective purposeproperty for illegal possession of others, rather than profit-making. It’s a crime, ratherthan a civil fraud; Due to the relationship parts and whole in ownership and ownershipas a whole, violation of any of the powers is also a violation of the ownership. At thesame time the free circulation of the rural homestead is more accord with the line ofChina’s current law which is to turn material resources to good account. Therefore, nomatter from the legal or the discussion on the benefit principle the rural homestead canbe the object of the crime of contract fraud. Based on the main characteristic of thecrime and crime constitute which is as the main basis for the distinction between crimeand non-crime, Mr.Wang’s behavior conforms to the crime of contract fraud of sociallaw, criminal law and should be subject to punitive but also with the crime of contractfraud. Then getting the conclusion that for the purpose of illegal possession suspect Mr.Wang frauds victim Mr. Zhou a large amount of property in concealing the truth aboutdeception during the course of signing and performing the contract, and should beaffirmed to the crime of contract fraud.