Study On The Judicial Determination Of Contract Fraud

The crime of contract fraud is defined as an independent crime in our country.Before that,"contract fraud" was only a kind of crime means in the general crime of fraud.The reason why the crime of contract fraud was singled out as an independent crime in the 97 Criminal Law is mainly determined by the economic development situation and the demand of economic development at that time in our country.With the development of the market economy to a certain stage,contracts have become an indispensable form of people's daily life and economic exchanges.Many lawbreakers will take advantage of the opportunity to obtain private or public property or property that is not owned by them in the form of contractual fraud..In view of these new forms of crime,the original criminal law provisions are difficult to play the effect of effective regulation,and as a result of these acts,the public and private property suffered great damage.Therefore,it is necessary to add new crimes to meet the needs of cracking down on crimes in judicial practice,and a separate crime of contract fraud emerges as the times require.In the judicial practice of our country,there are not only criminal acts that should be regulated by criminal law,such as contract fraud,but also general illegal acts that should be regulated by civil law.Such as civil fraud.However,these two kinds of behavior are easy to be confused in the form of expression in most cases.In judicial practice,it is easy to appear the doubt of crime and non-crime when defining a specific act.In addition,even if the first step is crossed in judicial practice and the act constitutes a crime,there will be confusion between the crime and the other because of the similarity or lack of clarity in the constitutive elements between the crime and the crime.This article mainly through the way of case analysis,has made clear in our country in the judicial practice that the contract fraud crime exists easily and the civil fraud behavior,the fraud crime produces the confusion question.It also introduces the relevant provisions of contract fraud in some countries of civil law system and common law system,and finds out the reference of our country.Finally,in order to perfect our country's judicial practice in accurately identifying the crime of contract fraud,we should not only combine the relevant laws and regulations to clarify the main points of judicial identification of the crime of contract fraud,civil fraud and fraud respectively.It is also necessary to find out clearly the crime of contract fraud and civil fraud.Determine the differences.In addition,on the basis of the full text,the author draws the corresponding conclusions on the two cases studied in this paper.