Study On The Bound Of Definition Between The Crime Of Fraud And The Crime Of Contractual Fraud

The crime of fraud is a commonly seen type of crime all the time,the corresponding legislation has been established in our country long time ago.Since the first Criminal Code of our country was introduced in July 1 1979,the crime of fraud is always taken as a crime about property violation,this Code is having an important effect for protection of protection rights.With a continuously rapid development of market economy since opening and reform,the disputes about contract have been also increasing,the crime of fraud has a new form based on the carrier like contract.The difference between it and the ordinary crime of fraud is that this kind of crime not only infringes the public and private property ownership,also violates the order of Socialist Market Economy,especially,a violation of the principle of honesty and good faith of the market economy is very serious.With frequent cases of the crime of contractual fraud,the regulation about the crime of fraud from the Criminal Law cannot be completely satisfied with the demand of the economic and social development,which leads to occurrence of the crime of contractual fraud because of this.The crime of contractual fraud is a special type of fraud,has many similarities with the crime of fraud,in addition,using the carrier like contract to commit a crime has become increasingly complicated,diversified and hidden,which leads to be quite difficult to distinguish the bound between the crime of contractual fraud and the crime of fraud.Even though the theoretical circle of criminal law has a quite deep research on the crime of contractual fraud and the crime of fraud,it still exists the problem like the same case with different judgements due to the confused definition in the judicial practice.Therefore,this article tries to integrate with the detailed judicial practices to find out the predicament for defining two crimes and the solutions under the guidance of predecessors' relevant theoretical research results,to hopefully make a contribution for defining the bound of two crimes clearly in the judicial practice of our country.The gist of Part One is to study the general bound between the crime of fraud and the crime of contractual fraud,and to explain the crime of fraud,the crime of contractual fraud and the standards of general bound defined by the current Criminal Academia through expounding and making a comparison of the concept of two crimes and the composition of crime.The gist of Part Two is to find out and conclude the predicament when defining the crime of fraud and the crime of contractual fraud in the judicial practice through comparing the similarity and difference of different cases and based on the facts and reasons defined by several judgements which have come into effect in the practice,the extracted problems are including difficulty for defining contracts,divergence for signing and performing contracts and difficulty for defining “double frauds”.In the judicial practice of recent years,the tendency from defence of the crime of fraud to that of the crime of contractual fraud has appeared,the reason is that there is an extremely close connection between these two crimes that is easily confused.So this article has proposed a method for solving the problem which easily occurs when defining two crimes through the practice,and tried to provide the thought for the accurate definition in the practice.