To Explore The Crime Of Fraud Of The Contract Of Justice

Contract fraud is the economic development law, criminal law revised in 1997 will it spun off from the ordinary crime of fraud, this is the need of economic development, but also for more accurate requirements to crack down on criminal offenses, Commodity Exchange activities in China's growing prosperity at the same time, also mixed with a large number of use of contract fraud crime phenomenon, the current related law and judicial interpretation is difficult to solve complex, indirect context, and debate about some of the crime of fraud of the contract that is blurred, this article tries to combine the experience of the author for a long time to deal with the crime of fraud of the contract of public prosecution and discusses the related criminal law theory and academic point of view, hope to the public prosecutor when handling the review of contract fraud case?This paper consists of introduction, text and epilogue three parts, including the text is divided into six parts.The first part of the contract of crime of fraud of the contract. First describes the type of contract in our country at present. Second controversy in contract fraud scoping for comparison and analysis, it is concluded that define standards. Summary and frame contract fraud can evaluation, put forward 15 listed in the contract law in the contract, in addition to the loan contract, donative contract, free of custody contract, warehousing, agency contract, the rest are all contract fraud can evaluation; Put forward the security law rules on the five types of guarantee contract is the contract of the crime of fraud of the contract can evaluate; Seventeen kinds of foreign-related contract is put forward, in addition to credit contracts involving foreign elements as the means of fraud, through cleaning foreign insurance contract is a means of fraud, the rest of the 15 kinds of foreign-related contract is the contract of the crime of fraud of the contract can evaluate; Put forward the administrative contract, pure identity relationship contracts, loan agreements, true borrowing false sales contract is not within the scope of the crime of fraud of the contract of buying and selling contract evaluation. Finally bring forward the contract form including oral contract of crime of fraud of the contract.The second part of the research purpose of illegal possession, decide how to first analysis of the definition of the purpose of illegal possession, controversy and analyzed. Next analysis and illegally possess oneself of, the illegal possession on the civil law, the purpose of the illegal occupation, similar concepts such as the difference between illegal destruction of purpose. Analysis of the purpose of illegal possession again intentionally form only direct intent. Then analysis of illegal possession purpose can be generated in advance, matter and afterwards. Criminal presumption in the final analysis to determine the subjective purpose and conditions of use requirements.The third part study the objective behavior of the crime of fraud of the contract. First analyzes the behavior person fiction unit in the name of another person, providing false, false to perform the contract, guarantee the flight, with other methods of six kinds of objective behavior and how to understand, then analyzed the victim must conform to the objective behavior into error recognition and voluntary delivery, the victim must have the corresponding civil behavior will and the cause of the delivery of goods is based on a misunderstanding.The fourth part analyzes the difference between contract fraud and civil fraud. First of all, analyses the constitutive requirements of civil fraud. Secondly from behavior subjective purpose, objective behavior, behavior nature, to complete the form, behavior, legal consequences in five aspects, such as a detailed distinction between the two.The fifth part analyzes how the amount of crime of fraud of the contract. Comparative analysis of the first to view that what amount to determine amount of contract fraud losses directly come to the conclusion that. Second calculation standard of property amount point of comparison and analysis, it is concluded that in contract fraud and the implementation of the property in the local market prices of the goods amount. For another "robbing Peter to pay Paul" behavior for the amount of point of comparison and analysis, to the victim actual direct costs for the calculation standard of conclusion. Finally briefly in this paper, the joint crimes, of course, the consequences of the common behavior Shared responsibility.Sixth part from prosecution review evidence of the crime of fraud of the contract standard requirement, from the purpose of the subject, subjective, objective behavior three aspects analyzes the evidence censorship demands.