The Judicial Application Of The Crime Of Contract Fraud

Since market economy set up, contract, as an effective form of trading,has stood out in the field of market already. To complete the process of a contract will be associated with different amount of material or money. Meanwhile the contract has been used to seek improper interests-diddle property. In the field of criminal law, crime of contractual fraud is gradually becoming a danger to economic crime. Because of the form of contract, Crime of contractual fraud is often similar to the civil charges. It remains disputable about how to cognize this crime in theory and in practice at present.It is very important to study crime of contractual fraud. In this paper, I will analyse the legal application of the crime of fraud of the contract, combinning the theory with the specific caseThis article is divided into four chapters altogether.The first chapter is introduction, in this part, I will introduce research purpose and meaning of this crime of contractual fraud, as well as the main content of this paper and the research methods. The second chapter describes the basic situation of the crime of contractual fraud. Through the description of the concept, form of expression, and the harm, it is designed to be able to make a more clear interpretation of the crime of contractual fraud. The third chapter mainly introduces the problems in the application of contract fraud in three aspects. Firstly, it is difficult to identify the subjective aspects of the crime of contract fraud, including intention and illegal possession of the purpose. Secondly, the form of the contract is too unitary. Thirdly, the boundaries between the crime of contract fraud and civil cases are inexplicit. The fourth chapter shows the judicial determination of the crime of contractual fraud. Corresponding to the above,I will draw my own conclusion on the basis of summing up the previous.