Research Of Contract Fraud Crime

With the expansion of the deepening of reform and opening up and foreign exchange, factors affecting economic development continues to grow. Contract fraud criminal behavior intensified, and showing a more specialized trend. However, due to the defects of the existing legal provisions, the judicial practice of contract fraud is often difficult for the purpose of illegal possession of accurate identification, leading to the conviction and sentencing of contract fraud, there are many problems. In addition, the Penal Code does not provide for specific areas of contract fraud in contract, contract fraud and general crime of fraud and other special crime of fraud is difficult to distinguish.In addition to the introduction and conclusion, is divided into five parts. From the start of the judicial status of contract fraud, the purpose of illegal possession and contract the scope of the analysis, a clear contract crime or fraud, the boundaries of this crime and this crime, and provide theoretical support for the judicial practice. Combined with foreign legislative model, China’s current legislation put forward reasonable proposals of legislation has been further improved.Part Ⅰ An overview of contract fraud. Defined the concept of contract fraud, summed up the characteristics of contract fraud, and the main contract fraud exists in the judicial practicePart Ⅱ Contract fraud in the "Contract" category. The scope of the contract including the meaning of the contract, subject, type and form, described the scope of the contract in contract fraud, the distinction between contract fraud and general crime of fraud and other special defraud.Part Ⅲ The specific behavior of. Including four kinds of behavior in China’s criminal law, the standard of the other way and the classification of the behavior of Contract Fraud.Part Ⅳ Contract Fraud, illegal possession of the purposes identified. Illegal possession of the purpose of identification, including the purpose of illegal possession of connotation, intentional relationship with the crime, the formation of the objective performance of the judicial presumption of its principles, the purpose of illegal possession of a joint crime identified these seven clear in practice how to identify whether the perpetrator has the purpose of illegal possession, which is the crime or the boundaries of contract fraud.Part Ⅴ The legislative proposals and judicial recommendation for contract fraud. Legislative model, combined with foreign problems that exist in our legislation, the recommendations to improve contract fraud legislation. In base of judicial practice, put forward some judicial recommendation.