Research On The Identification Of Crime Of Contractfraud To Zhang Contractfraud Case

The crime of contract fraud is emerging in recent years a more rampant, endangers the economic crime. This kind of crime by using " form of contract" is a cover coat, covert means, the case is complex, often with a contract dispute, civil fraud intertwined. At present how to correctly identify the crime in criminal law theory, there are still a lot of controversies and disagreements. In practice, there are also legal stipulation is too general, the case-handling organ understanding inconsistencies etc.. So strengthening the study on the crime of contract fraud has very important theoretical and practical significance. This paper will be the author. The typical cases in the practice for the introduction, from the theoretical point of view, combining the concrete case, from the contract fraud "contract" proceed with, the crime of contract fraud and contract in the form of the purpose of illegal possession, that is, the crime of contract fraud and contract fraud, attempted to determine and the amount that the contract crime of fraud the familiar problem relatively comprehensive discuss, discussed the contract fraud and contract dispute, civil cheat distinction, and the crime of contract fraud and fraud should be how to define problems, followed by how to prevent contract fraud and contract fraud crime in legislation deficiency are discussed, and the improving legislation on the crime of contract fraud is presented some suggestions. The full text is divided into three parts, about2more than word, the main contents are as follows:The first part:introduction and legal issues arising from the case of. This part mainly introduces Zhang contract fraud, contract disputes, Chen Lee contract fraud case the basic situation and points out the focus of dispute.The second part:is the focus of this paper, the majority of space occupied, in case the contract crime of fraud issues related to the legal analysis. The author thinks that the crime of contract fraud form should include oral contract, contract fraud must reflect the use of contract this characteristic and the crime of contract fraud crime amount in different states specific to different standards, the union concrete case to carry out a systematic study and discussion. The crime of contract fraud and the purpose of illegal possession in the identified as key, combined with examples is proved. The text focuses on contract fraud and contract dispute the distinction, think difference lies in the subjective existence of illegal possession purpose of the property of others, but also on the crime of contract fraud and contract dispute, civil fraud, fraud has made the detailed elaboration to the difference. According to Zhang contract fraud, the crime of contract fraud from the subject of crime, subjective elements, the object of crime, objective elements of the crime of contract fraud crime undertook comprehensive analysis.The third part:on how to prevent contract fraud and contract fraud in the lack of legislation was analyzed, and its legislation and put forward some suggestions.