The Analysis On The Contract Fraud Crime Case Of Song Mou And Duan Mou

With the rapid development of market economy,the contract fraud crime has seriously damaged the normal trading order of socialist market economy.The crime rate of contract fraud is high,the sums involved are large,such cases involve a wide range of areas and the social hazards are serious.The contract fraud crime is indistinguishable from the fraud crime and contract civil cheating.In the judicial practice,such cases are difficult to investigate,obtain evidences,qualitative,the law qualitative of the trial period are not certain,and the improper sentencing has occurred.It is a difficult problem for judicial practice.In the proceedings of contract fraud case trial of Song Mou and Duan Mou,patries,defender,the people's procuratorate,three people's courts convicted different arguments on conviction and sentencing.There are three main points of contention:the behaviors of Song Mou and Duan Mou are criminal behavior or civil action;the acts constitute fraud or contract fraud;the amount should be determined by the amount of the crime and the amount of the victim's losses.By comparison and analysis of the crime constitution theory,contract civil cheating and contract fraud,fraud crime and contract fraud of the contract fraud amounts recognized standards and calculation standards,combined with the sentences of the case of Song Mou and Duan Mou,the case of He Mou and the case of Liu Mou,there are many conclusions:the purpose of illegal possession is the key point of the fraud and contact civil cheating,the act of using contracts,fictitious facts and concealment of the truth should be deemed to be a crime of contract fraud for the purpose of illegal possession;the contact is the important aspect to distinguishing between the fraud and contact fraud,oral contract is contract form of contract fraud crime,there is no need to restrict the form of the contract,which is in accordance with the nature of the contract;the cheating amounts of contact fraud crime based on the standards of the criminal income,and considering the complete form of crime.The cheating amounts what offender obtained are the cheating amounts in the complete form of crime,the amounts of contract is the cheating amounts in the unaccomplished formation of crime,it should be based on the amount of the contract as the basis of sentencing.