The Criminal Qualitative Analysis And Research On The Behavior Of "One House And Double Sale"

With the development and development of socialist market economy,the contract has become more and more important in the field of economy.With the gradual establishment and deepening of the market economy system,the blindness and spontaneity of market economy are becoming more and more obvious.The nature and complexity often make the crime of contract fraud intertwined with civil contract disputes,and the crime of contract fraud can be said to be a special form of crime of fraud.The characteristics of the crime of fraud are also possessed in the crime of contract fraud.They are the relationship between common law and special law.The difference between the crime of contract fraud and the crime of fraud is a difficult point in practice.This article will discuss the criminal nature of "one house and two selling" by studying and analyzing a case of "one house and two selling".In order to clarify the contract fraud crime,fraud crime,contract disputes between the three links and differences In practice,it is possible to strengthen the grasp and judgment of the three.The research contents of this topic include the following aspects,which are as follows :First,This paper gives a brief introduction to Xiao 's contract fraud,summarizes the dispute focus of the case,and draws out three different views which are controversial in the case,summarize and analyze each point of view.Second,Legal analysis of the related problems.The legal issues related to the case involving the analysis mainly includes the analysis of the boundaries between contract fraud and contract dispute relates to the "one room two sell" behavior,analysis of "one room two sell" before and after the behavior involved the sale of two of the two buying and selling behavior and the validity of the contract and analyzing the relations and differences between contract fraud and crime of fraud.Third,The analysis and summary of the case.Through the case of the previous detailed argument,three representative different views of the discussion and combing,the contract fraud,fraud and civil disputes for the overall evaluation.Xiao's behavior in this case is summarized and evaluated.Fourth,By taking the case of the contract fraud case of Xiao as an example,this paper makes a summary and suggestions on the criminal qualitative analysis of "one house and two selling".