Comparative Study Of Contract Fraud Crime And Contract Fraud

Contract fraud crime and contract fraud behaviorsubject to different legal departments, the former belongs to thecriminal laws, while the latter belongs to the civil laws. Both ofthem are easily confused. To provide guidance to the judicialpractice, we should understand the both well.Based on legislation history of the contract fraud crime andrelative regulations of some foreign developed countries, this thesisdiscusses the concept of the contract fraud crime and its legal basiccomponents. It especially points out that the subjective intent ofcontract fraud crime is in order to possess illegally. It also brieflyintroduces the basic theory of the contract fraud behaviors. Andthen, it briefly introduces the contract fraud cases in some foreigncountries, and discusses how to cognize contract fraud crime.The history and meaning of contract fraud crime and contractfraud behavior is similar, but the theories of them is different.Especially, the subjective and objective aspects of them different. The basic difference of them is the intent to possess illegally.However, the contract fraud behavior would change into contractfraud crime under some conditions.Different contract forms play different impact on contract fraudcrime and contract fraud behavior. Combined with the cases of thecontract fraud crime, this thesis try to find out the methods ofcognizing the intent of illegal possession in the judicial practice.Illegal possession can be directly cognized as the subject intent ifthe doer confessed everything. And it also can be cognized by theways of judicial presumption. However, the presumption may be notobjective and accurate, the doer have the right to disapprove thejudicial presumption to reduce the mishandled cases and the riskof judicture to the greatest degree. This thesis provides fivemethods of recognizing the intent of illegal possession.