Research Discrimination Between Contract Frand And Civil Cheat

During recent years,judicial organizations receive a great number of contract fraud and contract deception cases.The law prescribes punishments over contract fraud and contract deception,and yet it remains difficult as to how to distinguish the two.To take contract fraud as contract deception,criminals would get away with their crimes;and to mistake contract deception with contract fraud,doers would suffer from more severe punishments than they deserve.Therefore,it is vital to distinguish contract fraud and contract deception.Research on the distinctions between contract fraud and contract deception normally focuses on constitutions of the crime or offense,whether the act itself meets constitutive requirements,and whether the pursuit of illegal possession is involved.While research on the rules of criminal presumption applied to identification is comparatively scarce,this thesis attempts to distinguish contract fraud from contract deception by determining whether the doer pursues illegal possession by criminal presumption.This thesis is divided into five sections.First,the thesis expounds the distinctions between contract fraud and contract deception.Second,the thesis analyses the subjectivity of contract fraud and contract deception,and then elaborates on how to identify “the pursuit of illegal possession” by criminal presumption from the perspectives of necessity,feasibility and legitimacy.The thesis then continues to set forth the application of criminal presumption before and nowadays.Comparison from the legislative and judicial views will be both made,before the problems of presuming “the pursuit of illegal possession” by legal and judicial interpretations are pointed out.Third,distinctions between contract fraud and contract deception will be stated from the angle of judicial practice.The thesis holds that “the pursuit of illegal possession” shall be the fundamental criterion of differentiating contract fraud and contract deception.The thesis uses judicial presumption to make comparison and analysis of a few number of cases,tries to draw a line between crimes and offenses,and describes the impacts of crime amount over the nature of actions of contract fraud and contract deception.Fourth,the thesis draws conclusions from a good number of case analysis,sets out solutions of determining contract fraud and contract deception,and infers the distinctions of the two concepts.Last,the thesis points out the problems when contract fraud and contract deception co-exist in one case,and proposes a solution mechanism.All in all,the thesis sets out from the essential distinctions between contract fraud and contract deception,researches on the identification of “the pursuit of illegal possession” by criminal presumption,and presents solutions to distinguish contract fraud and contract deception.