Providing False Recommended Stock Behavior Qualitative Analysis

Contract fraud and crime of illegal business presence disrupted the market ordersection, each has its own characteristic and the constitutive requirements, however,when the offender to sign and the way of contract defraud property, but in the processof illegal operations in violation of the provisions of the state, is easy to confuse thetwo boundaries. Were compared in this paper, put forward by the opening case,analyze the charges at the junction, in order to more meticulous in place to distinguishand compare the two, so that for a more thorough understanding of both.This paper the first part is the case, on account of the case and the controversialview of control, the core focus of cases here show that case research value andoutstanding problems, highlight the contract crime of fraud of the subjective factorand objective factor definition, the interpretation of the illegal operations such as focalpoint.In this paper, the second part is about the case involving the controversial focusof legal analysis. First of all, analysis the concept of contract fraud and constitutiverequirements, then analyzes its judicial cognizance. The concept of crime of fraud ofthe contract dispute in cognizance and means of implementation of the contract, toobtain illegal interests depend on is in the process of contract signing andperformance of the implementation of fraud. Secondly, analysis the meaning of illegaloperations, constitutive requirements and judicial cognizance. Crime of illegalbusiness as the key in implementing illegal business behavior, especially legalrestriction or prohibition on the operation behavior. In the final analysis to providefalse stock service behavior, including analysis of overload the nature of the serviceagreement, overload, the nature of the service behavior, thus providing false overloadanalysis service behavior is illegal and criminal behavior.The third part of this paper mainly analyzes the behavior of the criminal law.First of all, the nature of the criminal law attribute determines the austerity of criminallaw, only meet into the behavior of crime conditions to blame. False stock servicebehavior in the behavior of social harm degree is relatively serious, and has thenecessity of the criminal law on the punishment and profitability, end is still unable tosuccessfully resolve the conflict of social norms and other security rights, andcriminal penalties for citizens’ property and is of great significance for the maintenance of market economic order, so the behavior for a guilty behavior.Secondly, through the analysis of the crime of illegal business crime and the crime offraud of the contract, false stock service shall be deemed to breach the contract fraudand break the crime of illegal business, but at the same time due to belong to abehavior violate several crimes, imagine competition make, from a felony crime offraud of the contract.