On Judicial Determination Of Contract Fraud

Contract fraud refers to the behavior of defrauding properties of opposite party in a relatively large amount during contract signing and fulfilling process with the purpose of illegal possession.Around the world,most countries confine contract fraud into crime of fraud in a general way instead of listing it as an individual crime and this is the case in China before promulgation of current criminal law.In 1997,the current criminal law was revised,which adapted to the development of the times,adopted the legislative proposal of individual crime and listed contract fraud into regulation of criminal law to be an individual crime so that economic crimes could be fought effectively.After promulgation of new law,the judicial personnel have found in practical application that the contract fraud means are diverse and only four action fashions are listed in articles of law and thus they can not determine how to conclude other deceptive behaviors into deceit;the intent of illegal possession belongs to the psychological level of actor and thus it is difficult to conjecture through common methods and doubts may appear during affirmation.After continuous studies of experts and scholars,the judicial interpretations of contract fraud are improved incrementally.In practice,contract fraud shall be ascertained depending on legal norms and the behavior not listed in articles of law that may constitute deceit shall be analyzed depending on fraud degree from aspects of making up the fact and concealing the truth.However,the intent of illegal possession,the psychological state of an actor can not be proved accurately in practice.It shall be ascertained through criminal presumption on the basis of basic fact as well as subject identity,contractual capacity and objective conduct of actor.Due to the different life and trial experiences of judicial personnel,opposite conclusions may occur when ascertaining the intent of illegal possession.In this paper,Wu contract fraud in the controversial case,analyzed by the existing theory of objective behavior of the defendant's subjective and objective,that the defendant objectively by cheating,subjective purpose of illegal possession,but consider the defendant has failed to fulfill the performance,there are other objective factors of contract.Therefore,although the defendant constitutes a crime,but not all of the contract amount as the amount of crime.