| Contract as an economic means of economic exchanges indispensable bridge, asthe backbone of China’s economic reform into the deepwater segment with varioustypes of social economic problems have become increasingly prominent, the use ofcontract fraud is also a growing problem. Although Article224of contract fraud haveclearly defined our country,"Criminal Law", but for the purpose of the offensesubjective and objective aspects identified in the academic community there is greatcontroversy, this paper describes several key issues to clarify the crime and non-crime, this crime and sin boundaries.First, for the purpose of illegal possession of whether it is a necessary conditionfor this crime, illegal possession for the purpose of generating time have identifiedwhat sense? Second, the oral contract can become a crime in this contract, whether tosign a service contract for the purposes of fraud can be identified as contract fraud?Third, contract fraud and how to define civil fraud? It identified several issues ofdifferent investigators to practice a great deal of difficulty, and even lead to a differentco-contracting phenomenon. To this end, this paper through the study of real cases,especially in terms of the behavior of people in the subjective and objective aspects ofsubtle changes in the analysis, combining theoretical perspectives and academic law,adhere to the " syllogism " legal principles and crime, the following conclusions first,the illegal possession of identified problems, we believe that the standard is to definethe purpose of illegal possession of this crime and other crimes, if the purpose ofillegal possession, not to mention taking, although the distinction can be made in theobjective aspect of crime and destroys human behavior sin, but does not meet theprinciples of behavior and responsibility exist simultaneously, contrary purpose ofillegal possession necessary to say no to this question. The purpose of illegalpossession of crime or generation time is defined criteria. Second, with the otherpapers distinctly different perspectives, the paper argues that the use of an oralcontract fraud established fraud." Signed " means " to enter into and sign a treaty or agreement," ARTS interpreted as agreement with the form of the written word, asexpanded interpretation of the contract with text content, including in electronic form,but it does not presumed to contain a verbal agreement. In this case, the offender’sconduct as contract fraud have actually reduced the offender will be punished,because the risk of the contract requires the parties to take responsibility. On thecontrary, the object of fraud is public or private property, if characterized as fraud,crime does not indulge. Third, civil fraud and contract fraud fundamental distinctionlies in whether the actor ’s sincerity and ability to fulfill the performance, there can notbe completely incapable of sincerity classified as due to objective reasons, the partieshave a sense of their own presumed ability to perform, there ability and sincerity arethe parties considered the subjective purpose of illegal possession. By analyzing theseissues in order to make the judicial practice in the handling of human behavior toachieve the objective and subjective acts of unity, unity and responsibility behavior,behavior and intentional unity. |
