Research On The Judicial Determination Of The Crime Of Contract Fraud

With the rapid development of our country's market economy,social contradictions are gradually increasing,and all kinds of crimes are also breeding slowly,especially economic crimes.Criminals make every effort to make use of the loopholes of the law to achieve the purpose of satisfying their own selfish desires.The crime of contract fraud,as one of the new economic crimes,has become a hot crime in judicial practice.Under the name of contract,the actor took all kinds of illegal means to defraud,infringed on the victims' property rights and interests,and seriously infringed on the contract management system of our country,and caused the normal and orderly market economy order to fall into chaos.However,due to the complexity and variety of the forms and means of the crime,the crime Judicial determination has always been a difficult problem in a wide range of practical activities.Case handlers often confuse contract fraud with general fraud,civil fraud,etc.,unable to accurately and efficiently identify the crime,resulting in low judicial efficiency and want to be severe.An effective fight against such crimes requires accurate judicial determination.In view of this,this article will proceed from the four aspects of the crime of contract fraud in turn judicial determination: first of all,the determination of the "contract",which is the key to distinguish this crime from the general crime of fraud,emphasizing that the contract is property nature,A contract in oral or written form that reflects the characteristics of a market transaction;Secondly,the identification of "act",detailed examples of the main types of fraud in judicial practice,in order to effectively distinguish between crime and non-crime,this crime and other crimes;Third is the determination of "illegal possession purpose",judging whether there is illegal possession purpose needs to adhere to the unity of subjective and objective,according to the objective performance of the actor and combined with the specific facts,Objective factors and other comprehensive analysis,such as whether the actor has the capacity to perform,the actor of the disposition of the property acquired,whether the perpetrator has taken fraud and the reasons for the actor's failure to perform,and so on;Finally,the determination of the "amount",which has animportant impact on the conviction and sentencing of the crime.There are differences in the identification standard of the amount in different forms of crime.The determination of the amount in the completed form should be calculated by the actual loss amount of the victim,and the amount of the contract in the attempted form should be based on the amount of the contract.