An Empirical Study On The Identification Of The Crime Of Contract Fraud

T he crime of contract fraud refers to the illegal possession for the purpose of,in the process of signing and performing the contract,to take a fictional fact or conceal the truth and other means of deception to cheat the other 's property,Large amount of behavior.T he complex object of the crime of contract fraud,that it is not only against the state of the economic contract management order,and violated the ownership of public and private property.T herefore,it is necessary to deepen the study of the identification of contract fraud.Legal representative of Xinpeng Compan y,Gao signed cooperation agreement with Tongfu Company as collaboration of river channel regulating project of Shenmu county and appointed to start cooperation on the project.Tongfu Company remitted 40 million yuan in the Xinpen g Company's account and then Gao transferred the money into Shanxi Foundation for Poverty(SFP)as donation.SFP refunded 38.8 million yuan back to Xinpeng as the project approval failed to conduct on time and would not be allowed to start construction,leaving 1.2 million yuan as donation from Xinpeng.Noted with the refund,Tongfu expedited Gao for invest ment funding for several times.Gao refunded 15 million yuan to Tongdu Company,lyin g the cooperation would continue,but the project bid would be re-assessed.Both sides came to additional comment and promised 20 million yuan as reserve fund to follow the project.From then on,no progress was made of the project.Tongdu Compan y claimed to terminate cooperation and refund the invest funding of 25 million yuan.Gao disappeared after payin g 5 million yuan back to Tongdu,which reported the case to the police.Contentious issues of the trial focused on: 1.Whether Gao subjectively i ntended to occupy the property illegally;2.Whether Gao concealed truth with fiction;3.T his cas e of Gao should be identified as contract fraud or dispute.In the author's opinion,with the purpose of illegal possession,Gao hided the actual situation that contract could not be fulfilled during the process of fulfilling the contract.Gao took investment from the victim “Tong Fu” Co.Ltd.to make donations,pay personal debt s and for daily use under the circumstances of lack of repayment capability.After this,Gao fabricated a fact that the administered place of the river course agreed on the contract has been chan ged.He signed off contract with “Tong Fu” Co.Ltd continuously and refused to return the investment.Gao's behavior has constituted crime of contract swindling.According to the above case,the author has analyzed crime of contract swindling from four aspects.Firstly,it is the subjective aspect of crime of co ntract swindling.T hinking from three aspects include illegal possessing purposes,time of occurrence and joint criminal,the author has pointed out “illegal possessing purposes” should be based on “swindling behaviors”,and discussed about accessory criminal's subjective aspect.Secondly,it is the identification of behaviors of crime of contract swindling.Criminal Law has stipulated behaviors of crime of contract swindling.T his article offered a description focusing on the ways of identifying the be haviors,and also summarized other ways of crime of contract swindling.Thirdly,it is the “contract” of crime of contract swindling,which is also the key reason why crime of contract swindling is different from general swindling.M eanwhile au thor has discussed whether “oral contract” should be considered as one of the crimes of contract swindling.Fourthly,it is the amount of crime of contract swindling.T he author has introduced the identification of general crime of contract swindling and spec ial crime of contract swindling an d carried on research on the ways of affirming the amount of special crime of co ntract swindling.