The Identification Of Contract Disputes And Contract Fraud

At present,the socialist market economy has developed rapidly,the economic subject has become increasingly active,their communication activities are becoming more and more frequent,and the competition is increasingly fierce.The way in which the contract is signed is an effective and indispensable way to deal with the daily economic activities.Its position and function in the market increasing,accompanied by,came into being more crime of contract fraud,contract fraud cases accounted for the proportion of criminal cases is on the rise year by year.In market competition,in order to obtain more economic benefits,there are a few competitors to "contract" as a cloak to conceal the truth through the fact or fiction such as fraud,violations of public and private ownership of property and disrupt the normal market order of business,do harm to the people and the country's economic life.To this end,the current criminal law increased the contract fraud,the crime of fraud from the general terms of the separation of the crime,the crime of disrupting the market order in a chapter.Currently,the use of contract fraud crime showing a huge amount,diverse means,the occurrence of frequent,complex cases,the characteristics of large social harm,as one of the most serious economic crime in china.In order to seek illegal interests as the starting point,take the imaginary part or all of the facts,conceal the truth means to cheat the other party and signed a contract to the end is a civil contract dispute and contract fraud crime?How to judge the subjective of the illegal possession of intentional?Because the existing legal provisions are not clear,resulting in the actual work,the civil contract disputes and contract fraud cross each other,it is difficult to define the theory,it is difficult to grasp the practice.Therefore,accurately grasp the characteristics of the concept of contract dispute and contract fraud,making a clear distinction between contract dispute and contract fraud,so in the actual work to identify more effectively in accordance with laws and facts of contract fraud crime,safeguarding the economic order of our country in a healthy and orderly development of market operation.Three case studies based on the practical work in perspective,through case analysis,summed up the focus of controversy,and the concept and characteristic of the contract dispute and contract fraud with the focus on the analysis of the two different boundaries,clear the two,the crime of contract fraud legislation in-depth study,put forward to should from the legislative protection of social relations,for the purpose of illegal possession,contract fraud and other aspects to improve the amount of standard.