On The Judicial Confirmation Of Contract Fraud

After the reform and opening up,China's economic construction has got rapid development.In daily life,people are increasingly using the contract as the basic form of economic exchanges.At the same time,the use of contract fraud crime phenomenon is gradually becoming more prominent.This paper focuses on this research highlights the judicial cognizance of the related content,this theory is the core content,also the case processing has a important guiding significance,through the research on the crime of contract fraud and non crime judicial cognizance,clarify the contract fraud crime of the crime and non crime boundary.The full text of about 20000 words,mainly divided into the following sections:The first part of the basic characteristics of the crime of contract fraud,which is the basis and premise of judicial identification,the object of the crime of contract fraud is a complex object,the objective aspect is the behavior of the people in the process of signing and performing the contract.The main body of the contract fraud can be a natural person can also be a unit.On the subjective aspect of the crime of contract fraud.It is necessary to understand the basic characteristics of the different angles.The second part correctly distinguish contract fraud crime and non crime boundary mainly from two aspects proceed: Crime of contract fraud and contract dispute boundaries and the crime of contract fraud and civil fraud boundaries.The distinction between the former should be in accordance with the behavior of the person who signed the contract with the ability to perform the contract,the behavior of people to fulfill the attitude and the subject matter of the contract,the behavior of people have the positive behavior of the contract can not perform the real reason;the contract form and content of the true and false attitude to judge as well as the disposition of the subject matter.The boundaries between the crime of contract fraud and civil fraud are reflected in the subjective and objective aspects of the different,as there is a violation of the object and the rights of different.The third part of the crime of contract fraud crime of the identification of the main basis involved in the identification and treatment of the crime and the law of competition.First of all,the former should be clearly implicated in the elements and form,which is the premise of processing.In the first place,we should make clear the coincidence between the contract fraud and the crime of fraud,pay attention to distinguish between the crime of financial fraud and contract fraud,and compare the difference between contract fraud and fraud.The fourth part of the contract fraud crime of several other difficult problems,first of all the cognizance of the crime of contract fraud crime amount: in the accomplished form,to the injured party the direct losses amount as basis for sentencing;suspended in preparation,and attempt to shape,to the subject matter of the contract amount as a sentencing basis;in the serial state,should to victims of the parties and the amount of direct losses as a punishment according to.Second,the responsibility of the guarantor of the contract--the recognition of the accomplice of the crime of contract fraud,the main problem lies in the guarantee of the crime of the crime of the contract fraud.In addition to the establishment of the contract fraud contract fraud is often encountered in reality,as an objective existence,but also reflects the relationship between the crime of contract fraud and the crime of fraud.