Discussion On The Marital Tort Compensation System

The crime of contract fraud is a new accusation established in the revision of the criminal law in 1997,It comes from the crime of fraud and It is a new type of economic crime that defrauds other's property is characterized by making use of contract.It have played an important role in hitting contract fraud,protecting the property and vindicating the socialist market order since set up.But as of further perfection of socialist economic health,the transaction by means of contract trade increase significantly.At the same time,the fraudulent act by mean of signing and performance the contract increase day by day.The increasing of crime directly affects the smooth development of market economy.And the theoretic understanding deviation of contract fraud led to the phenomenon that judicial organs have different affirms in the judicial practice of contract fraud,the difference of judicature cognizance influence the authority of law.This paper through two cases to put forward a few common questions in the practice of contract fraud'identifation at first:1.How to distinguish between contract fraud and civil fraud contract.2.How to affirm the illegal possession purpose of the crime of contract fraud 3.What influence dose the ability of the contract have to The crime of contract fraud.4.How to consider the escape behavior in the crime of fraud of the contract.5.How dose the outside intervention factors influence the crime of fraud of the contract.6.What effect is there that the delivery of goods in the contract fraud is based on the fraud conviction.The author expects to solve the key of the contract fraud in practice through the analysis above.At the end of the article,the author summed up the three point defects of the crime of contract fraud in the legislation through the accumulation of many years of practice,and put forward some pointed suggestions.