Study On Issues Of The Crime Of Contract Fraud

Article No.224of the Penal Code have made provisions on the crime of contractfraud, but this provision on the crime of contractual fraud is so simple. However injudicial practice, the crime of contract fraud quantity are many, the method many andvaried, the situation is extremely complex. Therefore I believe that it is necessary tostudy the crime of contract fraud issues, and hope that through research to help toaffirm the crime of contract fraud.This article makes comparative study on the crime of contract fraud from thefive parts. The first part defines the range of contract in the crime of contract fraud.The first part starts from current controversial theories on the issues, and defines theconnotation and denotation of the “contract” in this crime. At the same time, I studywhether somebody use malicious to have other’s property can be deemed as a crime,and draw my conclusion.The second part I study the connotation of “the purpose of illegal possession”,occurring time, as well as definition in the judicial practice. On the definition of theconnotation, I through\compare the theory of civil law systems, common law systemsas well as the theory circle of our country on this problem, and then, draw my ownconclusion. The author make a list of “the purpose of illegal possession” in practice,at the same time, I proposed judicial cognizance standard of "the purpose of illegalpossession".The third part I discusses whether company’s loan fraud can be deemed as thecrime of contract fraud according to the present law. For the company’s loan fraud,according to the provisions of the Supreme People’s Court in the summary of theSymposium, if it conform to the constituent elements of the crime of contract fraud,then constitute the crime of contract fraud. Company’s loan fraud is deemed as thecrime of contract fraud does have some basis, but the author proposes the question onthe basis. Through rigorous analysis, I think in this case it neither can be to deal withthe crime of loan fraud, nor to deal with the crime of contract fraud, but should beheld criminally responsible to the unit directly in charge and other directly responsiblepersons in to the crime of loan fraud, but units shall not be held criminally responsible,when necessity gives the corresponding administrative sanctions.The fourth part, the author studies the difference of contract fraud and fraud, contract fraud and financial fraud. By studying the difference between crime ofcontractual fraud and other crimes can help us to better understand and identifyboundaries between crime of contractual fraud and other similar fraud.The fifth part the author study relation and the difference between the crime ofcontract fraud and contract cheat, the crime of contract fraud and civil contractdisputes. Because the links between the crime of contract fraud and contract cheat, thecrime of contract fraud and civil contract disputes, the two easy to confuse in somecases. For relation and the difference between the crime of contract fraud and contractcheat, the crime of contract fraud and civil contract disputes, I not only make adetailed elaboration in theory, but also contact Concrete case to analysis.