The Judicial Cognizance Of The Crime Of Fraud Of The Contract

After the reform and opening up, China gradually establish and the rapid development of market economy, as an important means of social market transaction contract and media, in our country has become increasingly important status and role in the economic life also. As a new type of fraud crime of contract fraud should be potential and flood. This article is precisely under such a social background, based on the theory of criminal law and criminal law in our country, combining with the judicial practice, intends to analyze the crime of fraud of the contract.In aspects of the crime of fraud of the contract of justice, this article is divided into four parts the key to solve the problem: first, the object of crime of contract fraud that today’s social background, the property of criminal law in our country have already broke through the "property" literal meaning, including the functioning and no body and property interests, this paper discusses the specific what new property can be the object of crime of fraud of the contract; Second, the crime of fraud of the contract amount, the amount not only affect the criterions for the conviction, more influence into sin and the sin, to establish reasonable amount determined rules has important practical significance; Third,contract of crime of fraud of the contract concluded that contract fraud behavior person use to commit fraud, which use the contract can be behavior is the focus of this article; Fourth, the cognizance of the purpose of illegal possession, the purpose of illegal possession is a kind of subjective intention, need through the objective behavior of its existence,so this article identify need to abide by the principle of presumption of process, and should be the key to grasp the main points of the presumption of induction process.