On The Bundary Between Contract Fraud And Fraud

Since ancient times,as one of the most common and frequent crimes,fraud has been stipulated in more detail in the legislation of all countries.China's legislation on fraud is also a long history.Up to now,the essential attributes of the crime of fraud have not changed substantially,and the academic circles and judicial practice departments have gradually formed a consensus on the basic concepts and elements of the crime of fraud.The crime of fraud is the most basic and common crime against property.The perpetrator often resorts to deception and deception to make the victim produce illusion.The perpetrator makes use of the victim's illusion,paralysis of thought,credulity or lack of discrimination to certain things,so as to obtain property.As a new type of crime mode since the reform and opening up,the crime of contract fraud has come into our jurists' sight for decades.Because it is separated from the crime of fraud,it has many similarities with the crime of fraud.As a grass-roots judicial worker,how to face many similarities in practice is higher.Judicial cases,the use of legal theory to correctly distinguish between this crime and that crime,to give the defendant a fair verdict,has become a difficult point in our daily work.At present,it is difficult to distinguish the crime of contract fraud from the crime of fraud in the course of theory and judicial practice.One of the problems is that the difference of the basic elements about the concept of the two crimes is neglected.In the process of pursuing differences and boundaries,we lost our way.Therefore,in this paper,the author of our criminal law research process,often used the method is based on the concept,as a distinction between two different things,elements of the most basic division criteria.Therefore,the author focuses on the concept of the crime of contract fraud and the crime of fraud,the elements of the crime,as a breakthrough point,combined with the cases encountered in my work and legal theory knowledge,in-depth analysis and comparison,trying to take this as a starting point,with a point of view,a comprehensive comb of the crime of fraud and the crime of contract fraud in practice work.Distinguish the difficulties and focuses,so as to compare the basic boundaries and differences between the crime of swindling and the crime of contract fraud.This article is divided into four chapters,the first chapter from the case itself,a comprehensive introduction of the case,combined with the case through the various judicial stages,all of the introduction of each stage from the facts of the case to the nature of the subjective and objective understanding of judgment,starting from the case,and then put forward the judicial stages of the case on the distinction of the contract.The different understandings of the crime of fraud and the crime of fraud,as well as the main controversial focus,make the writing purpose of this article eager to come out;the second chapter briefly introduces the mainstream views and understanding of the current theoretical circles on the distinction between the crime of fraud and the crime of contract fraud,as well as the different standards of criminalization of the crime of fraud and the crime of contract fraud.This part analyzes the criminal object,objective aspect and subject of the second crime,and combs the current theoretical circles' understanding of the above problems;Chapter 3,the author combines the characteristics of the case itself,and the current theoretical circles' relevant understanding of the problems explored in this paper.To carry on the appraisal and analysis,put forward the author about the contract fraud crime and the crime of fraud related points of demarcation,for everybody's reference.The last part is the conclusion of this article,the author summarizes the discussion of the full text,and on the basis of the summary put forward some confusion in the current judicial practice process,hoping to provide some reference for the judicial colleagues.