On The Subjective Aspect Of Contract Fraud Crime And Its Determination

Nowadays the economy in China is undergoing a major transformation with significant conflicts and increasingly emergent economic crimes, which has a disturbing impact on the free market order and serious implications on the harmony and stability of the society. Amomg all economic crimes, the crime of contractual fraud frequently arises with various deceptive methods. In judicial practices, the determination on the mens rea of the crime of contractual fraud remains the most complex issue which would have substantial effect on the conviction and sentencing of the aforementioned crimes,and would also produce noticeable social effect. Therefore, emphasis should be made on how to establish the mens rea of the accused for the crimes of contractual fraud from various complicated evidence in criminal investigation practices. The author of this paper aims to ascertain in detail the definition and scope of subjective aspect of contract fraud crime, based on the analysis and comparison of a large number of relevant case-law, both in criminal cases and civil cases, for the purpose of enhancing the enforcement of such crime and creating a better economic environment for social and economic growth as well as the development of the rule of law in post-financial crisis era.