Limits Contract Fraud And Breach Of Contract Distinguish College

The correct definition of contract fraud and contract breach is of great significance inthe judicial practice,but no clear distinction between the crime of contract fraud andbreach of contract in the law, resulting in some troubles of related cases in the judicialpractice, therefore, to clarify the two bounds is also be of great advantage not only fortheoretical research, and practice of justice. Whether the actor has the purpose of illegalpossession in the subjective, is the key to distinguish the crime of contract fraud andbreach of contract behavior. To judge the subjective purpose of the perpetrator, we shouldbase these factors on whether the actor has the actual ability to perform the contract,whether the actor has deception and the extent of his deception, the action to perform thecontract, the behavior after contract breach, and finally conduct a comprehensive analysis.In this paper, I try to put forward some correct definition and mode of action of contractfraud and breach of contract,expect to have some helps to the judicial practice.