Case Study Ofcontract Fraud

As the market economy is developing soundly and rapidly,the importance of the contract becomes more prominent.In essence,the market economy society is actually a contractual relationship society,and the so-called contractual relationship is the economic relationship in which each market entity constructs,changes or terminates in the form of contracts.With the continuous development of the economy,the contract is gradually diversified in terms of form and content.which causes more contract bilking cases in the judicial practice.Many illegal persons cheat through the leaks of the contract or sign the contract with tricks.They scam and obtain the public and personal property by deception,disturb the market order,destroy the environment for the market healthy operation.The crime of contractual fraud means the behavior that for the purpose of illegal possession,obtaining other side's large amount of property by cheating during the contract signing and performance.Because of the characteristics of the contract itself,there are some similarities among the crime of contractual fraud,the crime of property and the contractual dispute and it is difficult to give a qualitative analysis and it is of divergence for the definition of this crime.In this passage,the author analyzes a real case being met in the actual practice and uses related laws,regulations and theories to make the qualitative analysis and study of the definition of the crime of contractual fraud or not,the person admitted the crime,the criminal amount and the forming time.The author hopes this passage could benefit the determination and prevention of the crime of contractual fraud.In terms of content,this article is mainly divided into the following sections:The first part introduces the basic situation of the empirical case and the dispute of the main problems,and the generalization of different disputing opinions.The main disputes conclude the qualitative problems of Yuan and the partners' crime of contractual fraud,the disputes of the forming time of the fraud and the determination of the property amount and the subject of crime.The second part is the legal reasoning and the explain for the focus problems.The author discusses these from six aspects and they are the determination of admitting the crime of contractual fraud or not,the definition of the purpose of illegal possession,the determination of the subject of crime,the forming time of the crime,the criminal amount and the difference with the contractual dispute.The third part is the conclusion of this case study.Connected with the second part,the author gives determination for the fraud behavior by Yuan.According to the related theory analysis,the behavior that Hou,Tang charged Shaanxi Waneco Project 600 thousand yuan in the name of Ningxia Kimpin Electronic ltd.Belongs to the crime of contractual fraud and the enterprise crime which means that the Ningxia Kimpin Electronic ltd.admits the crime of contractual fraud.The forth part is the inspiration and the advice of this case study and the sublimation of this page.According to many questions in this case,the author propose some prevention methods of the crime of contractual fraud pending the signing and the performance of the contract.