The Cognizance Of The Crime Of Fraud Of The Contract Research

The advent of the era of reform,the development of the free market economy,as a medium to contract trading activity is increasingly frequent,in order to meet the requirement of the social life,will contract fraud into the adjustment scope of criminal law in 1997.The establishment of crime of fraud of the contract to cater to the demand of times development.Theoretical circle of criminal law on the crime of fraud of the contract and tireless exploration and relatively rich fruits.The rapid development of the socialist market economy,driven,new ways of fraud emerge in endlessly,problems emerge in the judicial practice in the existing law within the scope of no effective solution.This article is trying to predecessors' research results and related criminal law theory,under the guidance of related cases and judicial practice,with special type of crime of fraud of the contract "two head cheat" as the breakthrough point,the relevant problems that exist in the judicial practice shallow theory research and discussion.The first chapter is mainly refers to the crime of fraud of the contract in a special type of "two head cheat" case and the controversial focus through a case example.The diversification of economic activities,relevant economic issues,such as "two head cheat" crime of fraud of the contract is typical."Two head cheat" exist both before and after cheating,but not the simple sum of two behavior there is a certain relationship between the two."Two cheat" legal relationship is complex,has the characteristics of the people square cross.Crime of fraud of the contract "two head cheat" often with fraud and civil fraud exists fuzzy boundaries.The second chapter mainly elaborated "two head cheat" type of related legal problems that exist in the crime of fraud of the contract.Such as "cheat" both ends of the "con" may be a criminal fraud,it is possible that civil fraud.How to define the victim in the "two head lying" and "two cheat" the cognizance of the crime amount,these problems directly related to the cases of "two head cheat" as a result,it is worth our discussion.For the study of the theory of the "two head cheat",criminal law educational world little little.In the criminal law theory and judicial practice how to affirm "two head cheat" before and after two different behavior perspective.Because of "two cheat" has the property of the people square cross,contract fraud crime and non crime cognizance standard only in "one".The third chapter is on the basis of the first two chapters,mainly expounded in the identification of special type of crime of fraud of the contract in the process of related problems.In lack of special type of "two head cheat" under the background of theory research,through the study of the law of contract fraud that related problem analysis to solve in the judicial practice of "two head cheat" for problems.Whether an act constitutes a crime of fraud of the contract before or after an act constitutes a crime of fraud of the contract,or two actions constitute a crime of fraud of the contract,not just before and after the two actions one by one,should be combined with the basic theory of criminal law and civil law and the judicial practice in the case study.The fourth chapter mainly elaborates the present situation of the current "two head cheat" case and its characteristics.Leveraging the tolerance principle in the criminal law to solve the problem of "two head cheat" case.The behaviors of the development of market economy without freedom,law has a degree of lag,exploit loopholes for profiteering under interests too.Therefore,hope that through this article discussion can benefit.This article aims to keep appearing in recent years the phenomenon of "two cheat,square cross under the framework of the people,how to correctly to qualitative and the crime of fraud of the contract,and the same case different cause our judgment and thinking,to the judicial practice some slight inspired by the author.