Judicial Determination Of The Contract Fraud Crime Under Legal Big Data

The contract fraud crime was separated from the common fraud crime in the1997 Criminal Code revision and became an independent crime.This is the inevitable result of the rapid development of China's market economy,and it is also to be able to more accurately crack down on the use of contracts for fraud.With regard to the contract fraud crime,the current law and judicial interpretation are difficult to accurately distinguish between civil fraud and the contract fraud crime,which lead to different standards of refereeing.This paper combines the judicial practice experience of the Gao's contract fraud case that I participated in,and uses the legal big data empirical research method and related criminal law theory to explore,attempting to solve the contract fraud crime judicial determination problem.As far as the article is concerned,the full text is divided into three parts:introduction,main body and conclusion.The main body is divided into three parts.The typical paper writing structure is adopted,which is to ask questions,analyze problems and solve problems.At the beginning of the article,it introduced Gao's contract fraud case and raised two questions for the full text by introducing referee process,case facts,both sides arguments and disputes.One is how to specifically determine the conduct of the contract fraud by the perpetrator,and the second is how to specifically determine the perpetrator's illegal possession purpose.Then,using the legal big data empirical research method,the big data case retrieval under the Alpha case database,and 205 cases in Changchun area were obtained,and the referee's opinion of the people's court in judicial practice was accurately explored.Thirdly,the third part is the core of this paper,mainly based on the second part of the case data and analysis results,combined with the criminal law theory and different scholars' viewpoints,to solve the current situation of the separation of criminal law theory and judicial practice research,and provide specific judicial recognition standards for both subjective and objective aspects of contract fraud crime.On the objective side,the contract frauds behavior stipulated in the Criminal Law are classified and discussed,and the core issues,such as the identification of the escaping of the perpetrators and the determination of the ability to perform,are given the criteria for judging byanalyzing the judicial precedent;On the subjective aspect,it points out that the judicial presumptive proof rule is used as the method for determining the purpose of illegal possession,and at the same time,the argument that the "disposal of the subject matter" should be regarded as the core presumption of the purpose of illegal possession.At the end of the third part,based on the research conclusions of this paper,the Gao's contract fraud case introduced in the first part is interpreted.It draws a different conclusion from the court and believes that Gao's behavior does not have the illegal possession purpose and does not constitute contract fraud crime.