The Judicial Cognizance Of The Crime Of Contract Fraud

The author illustrated three major difficulties regarding the confirming of the crime of contract fraud through real cases in juridical practices.In addition,advanced criminological theories from home and abroad were included so as to further discuss,analyze,argue and solve the problems.It was expected that comparatively clear,thorough and practical solutions would be formed so as to be applied in juridical practices.Beside the preface and the conclusion,the essay was generally divided into three parts.In the first part,the author summarized that the connotation of the purpose of illegal possession in the crime of contract fraud is the actor intents to replace the victim status in control of the property with the attitude of property owner without fulfilling its equal obligations in the form of a contract.Adopting judicial presumption to determine whether an actor has the purpose of illegal possession should consider the actor's performance ability,the behavior,fraud,the reason of failure of performance,the ways of disposal of property and the attitude of default.In the second part,the author analyzed that the nature of the extent of fraud is the danger level to cause others to dispose property in wrong cognition.The fraud in the crime of fraud should reach a higher lever than that in the common crimes of fraud.The author also illustrated that deciding the extent of fraud should adopt the subjective and objective standards.The suspicion or the content of the fraud victims would decrease or even diminish the extent of fraud.In the third part,the author expounded that in the accomplished offense of the crime of contract the amount of criminal conviction is the actual damage of the victim,the heavier amount of measurement of penalty is the amount of recover and indirect loss,the lighter amount of measurement of penalty is the amount of return and compensation.In the attempted offense of the crime of contract the amount of criminal conviction is the amount of property the actor aiming to possession illegally,the heavier amount of measurement of penalty is the amount of indirect loss,the lighter amount of measurement of penalty is the amount of compensation.In the continuous offense of thecrime of contract the amount of criminal conviction is the sum of the actual damage of the victims,the sum of the direct loss is the amount of measurement of penalty.In the accomplice offense of the crime of contract the amounts of criminal conviction are different based on the role of offenders,the amounts of the spoils and the squander are the amounts of measurement of penalty.