| Since the crime of contract fraud were established,there is a huge controversy in academic circles always about the difference and boundaries between the crime of contract fraud and the crime of fraud,the crime of contract fraud and other special crime of fraud,the crime of contract fraud and civil fraud,A number of different academic views have been at loggerheads.Due to the fraud behavior performance is diversified,complex,andthe legislationseparate contract fraud and other special fraud form the general fraud as an independent crime,it directly affects the judgment of crime with the non crime in the theory and practice,and the division of this crime and other crime,it makes the demarcation issues that are not exist initially highlighted.Based on the reference of existing research results,draw lessons from other countries and regions related legislation,this paper will analyze the shortcomings of the crime of contract fraud on the set,to explore the possibility of abolition of crime of contract fraud,and the crime of contract fraud should be brought into the ordinary crime of fraud.This article adopts the method of comparative study and rational thought to analyze the crime of contract fraud,the full text is divided into four parts.The first part is the legislative overview of the crime of contract fraud and theoretical controversy.The legislation of crime of contract fraud in China took shape When the draft of criminal law was drafted from the early days of the people’s Republic of China.And then the 79 Criminal Law abandon the initial prototypeof the criminal law draft.Until now the 97 criminal law is formally established,it through a long process.But on the view of the legislation of other foreign countries or regions,We can hardly see the legislative situation of the crime of contract fraud as a independent crime.About the legislation of the crime of contract fraud in China,there is a dispute between the negative theory and the positive theory,and this dispute in the judicial practice become more and more fierce.The second part is the reflection on the legislation of the crime of contract fraud in our country.From the theoretical perspective,the crime of contract fraud is lack of sufficient theoretical basis as a independent crime,the complex object theory and the unit subject theory are not enough to be the basis.From the point of view of practice,contract fraud as an independent crime cause difficulty to determine,imbalance between crime and punishment,indulgence of crime,waste of resources,under the jurisdiction of prevarication and other disadvantages in practice.Therefore,it is necessary to re-examine the rationality of legislation of crime of contract fraud as an independent crime.The third part is mainly to discuss the legislation related to the abolition of the crime of contract fraud.Contract fraud should be incorporated into the crime of fraud as a crime of violation of property,so that it can better reflect the nature of its violations of property,and to avoid the difficulty of the distinguish of theory betweenpractice.In the legislation,we can consider the provisions of the crime of fraud as a reminder to be clear. |
