The Crime Of Fraud Of The Contract Problems Explored

For the purpose of illegal possession, the use of contract means diddle other larger properties of behavior is called the crime of fraud of the contract. This behavior is accompanied by economic activities, so this kind of fraud was from ancient time. With the high-speed development of economy, the behavior that uses contract fraud has done great harm to China’s socialist market economic order, damaging the trust interests. In our country, the crime of fraud of the contract was added as a new criminal law in1997,with the purpose of regulating the direction of the development of social economy, protecting our country’s market economy order,and protecting the legitimate rights and interests of citizens. Although after more than10years of judicial practice, facing some complicated legal problems, the theoretical circle of criminal law will give different anser from the judicial practice. the same will happen in the judicial practice.Often such kind of things will occur that the same kind of crime will get different punishment, this article is for the above reasons, combined with the case, analysis of the influence of related factors of the crime of fraud of the contract, the full text of about eighteen thousand words or so. The main content is divided into four parts:the first part from the questions in the case, expounds the legislation history of the crime of fraud of the contract and the basic concepts; The second part, in the form of theory on the nature of the contract and the contract of controversial analysis put forward their own opinions and views at the same time; The third part from the first, the essay discusses the meaning of the purpose of illegal possession, puts forward the purpose of illegal possession of the standard and, to a civil dispute of contract fraud and contract; The fourth part through the above analysis of the case conclusion, and then consider the small and medium-sized enterprise financing difficult question.