On The Abolition Of The Crime Of Contract Fraud

Before the revision of criminal law in 1997,in China’s judicial practice,it was convicted and punished for fraud cases by using contract fraud cases.After the implementation of the criminal law in 1997,the crime of contract fraud was independent from the crime of fraud.The theorists have a positive attitude towards the independent crime of contract fraud,and make a full study of the problems of the crime of contract fraud and non crime,the crime of contract fraud and other crimes of fraud.However,in view of the current situation of contract fraud in judicial practice,there are numerous and complicated cases.The crime of contract fraud has not been clearer because of the in-depth study of the theory.The distinction between the crime of contract fraud and the crime of fraud,the boundary of the contract fraud and the contract dispute,the crime of contract fraud and the crime of financial fraud are still difficult to clarify.The phenomenon of "the different judgments of the same case" exists in a large number,the crime of contract fraud and the crime of common fraud.The arbitrariness of application is bigger.The crime of contract fraud has also become a sharp sword hanging on the head of private entrepreneurs,and it has the tendency and suspicion of becoming a new "pocket crime".This article proves the independent existence value of the crime of contract fraud from the judicial application effect,the extraterritorial experience of legislation,the principle of criminal modesty and the infringement of property law interest of the crime of fraud after the crime of contract fraud,and thinks that the crime of contract fraud is not independent of the crime of fraud.To solve the problems faced by the application of the judiciary.