Research On The Terms Of Contract Fraud

The crime of contract fraud is one of the most common economic crimes,which appears with the development of the market-oriented economy .what's more,it has high incidence and enormous implications.Article 224 of the Penal Code has provided the crime of contract fraud,which described four common methods.The 5th term of the enumerations adopts the save clause,says: " trick property with other methods" ,which is called the miscellaneous provision by academic circle.The crime of contract fraud provisions has its rationality. It not only makes up for the limited level of human cognition, but also the legislative needs of the statute law countries. Although the miscellaneous provision has certain flexibility and operability in practice, there are also some problems. Some scholars believe that Miscellaneous provision would conflict with the clarity of criminal law;The discretion of the judge will expand and so on.These phenomena show a tendency of expansion for the miscellaneous provision, so that its application should be reasonably restricted.Though this study,we will not only have a more in-depth understanding of the miscellaneous provision,but also benefit the judicial practice.The application of miscellaneous provision must follow the homogeneity rules,that is to say,the contains must be consistent with what is explicitly enumerated.The precondition of the application of miscellaneous provision is that,there must be a specific provision and criminal responsibility be set by the pre-legal norms rules.However,it is difficult for the judge to apply the miscellaneous provision accurately and scientifically in the judicial practice.Therefore we should perfect the legal interpretation,so that we can standardize the application of legal interpretation.Moreover,we should establish the case-guidance system and improve the efficiency of case handing.Only in this way can we protect human rights preferably and speed up the process of socialist legalization.