Research On Judicial Problems About Crime Of Contractual Fraud

With the rapid economic development,the crime of contractual fraud has effected serious harm to the society and occurs again and again.The examination of it is of great significance to effectively crack down such crimes.In practice,issues about the distinction among the crime,contract dispute,civil fraud,and the consideration of "contract","amount","illegal possession" and "behavior" contained in the crime become prominent."Contracts" can be determined according to the nature of the crime,and it must reflect dynamic relationship of property or market order,either in written or oral form."Purpose of illegal possession" can be judged from objective behaviors,identifying the subjective and objective.The amount shall be based on the actual losses of the victim.Serial crime like this is supposed to be based on the actual loss of the deceived units or individuals.When the crime is unfinished,the total contract amount shall be taken into consideration.When discussing whether the offender has the purpose of illegal possession,the ability of their actual performance,whether he or she carries out fraud when signing and performing the contract,their actual deed to performance,reason for its violation of contract,and their willing to be liable for breach of contract,how to dispose something which he or she obtain from the victim,all of that matters.