Determination Of The Crime Of Contract Fraud:A Case Of Nie As An Example

This paper is based on a controversial real case in judicial practice,which leads to various problems that need to be considered in the theoretical level of criminal law and judicial practice.Defendant nie some in the name of a construction engineering co.,LTD.,won the tender "w water conservancy" project section h,then the defendant nie,li,gan three people to discuss jointly implement the project.In order to make more profit,the three defendants purchased from b construction engineering co.,ltd.the "w water conservancy project" in section y of the tender won by the company.Nie one,li mou,after the defendant GanMou without completing all the circumstances of the project according to contract agreement,to obtain payment,directed the auditor Xiong Mou with reference to the contract of project listing project final accounts data,after gaining money,the defendant,etc.The villagers built the PE pipe,and to give cash to the villagers build project.Before the case,the defendant and others should be required to pay the water bureau 220,000 project rectification deposit.This case has a lot of controversy focus,experienced five court hearings before and after,the prosecution and defense of the two sides of the heated debate,is the contract of fraud in the judicial practice of a variety of issues embodied in the epitome,a very typical reflection of the crime in the criminal law theory and practice of the relevant views of the different.Based on the dispute focus of the case,this paper discusses the subject,amount of crime,crime and non-crime of the crime of contract fraud.The subjects of the crime of contract fraud include natural persons and units.Article 30 of the criminal law stipulates that companies,enterprises,institutions,organs and organizations can be the subjects of the crime of contract fraud,but it does not specify the constitutive elements of the crime of contract fraud.This article will take the academic about unit crime and natural person crime boundaries of several kinds of main theories as the foundation,to explore how straightforward to differentiate the crime of fraud of the contract to a natural person and unit crime,and it is concluded that in contract fraud,the fraud unit of sex and crime purpose will benefit from the overall to distinguish the crime of fraud of the contract unit crime and natural person crime the key conclusions.The amount of the crime of contract fraud is undoubtedly the core element of conviction and sentencing,because it reflects the subjective malignancy and social harmfulness of the doer.However,there is no clear stipulation on the calculation standard of the amount of the crime of contract fraud in China's relevant laws and judicial interpretations.The author believes that the calculation standard of the amount of the crime of contract fraud should return to the subjective elements of the crime of contract fraud,that is,to determine whether the doer has the purpose of illegal possession of the money,which is the key to explore the calculation standard of the amount of the crime of contract fraud.Contract fraud,civil fraud and contract breach have always been unavoidable hot spots in the academic and practical fields of contract fraud.Although many theories have expounded the differences between the two,most of them take whether the actor has the purpose of illegal possession as the key point to distinguish.But the presumption of the purpose of illegal possession itself is already a rather complicated problem.Using one complex problem to prove another complex problem will inevitably lead to the blurring of the boundary between contract fraud and civil fraud.The author thinks that it does not need all the above complicated steps to distinguish between contract fraud and civil fraud,but should be based on the legal interests violated by the crime of contract fraud.This paper consists of introduction and six chapters,the introduction of the first chapter,the second chapter expounds the differences on the basic situation and case,the third chapter of crime subject of crime of fraud of the contract for the analysis on the law and put forward its own opinion,the fourth chapter analyzes the amount of contract fraud crime,the fifth chapter extend from the case of the crime of contract fraud crime and the thinking,the sixth chapter is the core element of the crime of fraud of the contract,the purpose of illegal possession of analysis discussion,chapter seven is conclusion and prospect.The purpose of this paper is to introduce the law analysis of a contract fraud case of nie by means of case analysis and crime constitution theory.The purpose is to find a theoretical coincidence point that conforms to both the legal basis and the current judicial practice,and to provide some opinions on the scientific perfection of the judicial practice of this crime.