Crime Of Contract Fraud

The crime of contract fraud is primarily placed as a means of fraud in the same law regulation.As this kind of behavior becomes more and more with the development of China's economy,and the damage to the victim is often greater than the ordinary crime of fraud,therefore,the criminal law which was amended in the year of 1997 separated contract fraud as an independent crime out of fraud.The main body of the crime of contract fraud shall not only include natural persons of sixteen years old or older with full criminal responsibility,but also include unit.The intention of contract fraud may include indirect intention.The "contract" of contract fraud not only includes the administrative contract,but also the labor contract.When the law articles of crime of contract fraud and general fraud overlap,we should follow the "special law is superior to common law" principle;when the crime of contract fraud and civil fraud are intertwined,the judgment foundation should be whether the purpose of the actor is illegal possession or not.There are some problems in the use of the crime of contract fraud,for example,the object of this crime is too narrow;the provisions of the problems and methods are not clear,and provisions for the "purpose of illegal possession" is not easy for judicial operation,etc.We should handle these problems through public release of judicial interpretation and guiding cases by the Supreme Court.The specific plans are as follows: first,to expand the scope of the object of crime;second,to make clear "the meaning of other specific method";third,to make clear the identification scope of "the purpose of illegal possession".