" Multi-disposal Of One-house " And The Recognition Of Contract Fraud Crime

The phenomenon of multiple disposal of one-house has appeared frequently in the commodity housing trading market in recent years.Due to the complexity and diversity of facts in one-house multi-disposal cases,the aggregate amount of property involved is large,and the criminal legal relationship and civil legal relationship are blended,making it difficult to judge whether the fraud belongs to criminal fraud or civil fraud.The boundary to distinguish crime from non-crime is obscured,as well as there is a lack of clear criteria for judging whether the perpetrator has an illegal possession purpose.In addition,the identification of the effectiveness of the civil contract signed between the parties after determine one-house disposal constitutes the practice of contract fraud is in disunity,so how to accurately deal with the phenomenon of one-house multi-disposal has always been a problem that plagues judicial practice.This paper is divided into four parts to discuss the above issues,in order to benefit the judicial determination of the phenomenon of one-house multi-disposal.The first part will summarize the behavior types of one-house multi-disposal phenomenon in practice,which divide it into four types: crossed type of sales contract,crossed type of leasing contract,crossed type of secured contracts and type of no-right-to-dispose.It is also elaborate the behavioral performance of each type,and make a preliminary discussion on its basic form.And by analyzing the treatment of one-house multi-disposal cases in judicial practice,it is found that the definition of criminal fraud and civil fraud is ill-defined,the logic of illegal possession is unclear,and the procedure of dealing with criminal-civil-crossed cases of one-house multi-disposal is unreasonable.The second part will mainly discuss the boundary between criminal fraud and civil fraud in one-house multi-disposal and the distinction between contract fraud and fraud in one-house multi-disposal.In judicial practice,whether the behavior has social harm is generally used as the standard for distinguishing criminal fraud and civil fraud in the treatment of one-house disposal.However,it lacks specific operational standards and is easy to dissolve the judgment of the constituent elements,leading to the judgment of crime and non-crime is basically depends on the judge's social experiences and personal emotions.The boundary between these two should adhere to the criteria for distinguishing the elements,but only the social harmful standards need to be judged in the judgment of the elements that constitute the elements.The distinction between contract fraud and fraud requires a comprehensive consideration of whether the parties have signed the contract,whether the contract content has a transaction relationship and infringes the economic order,and whether the victim is misunderstood because of the contract content and disposes of the property.The third part will discuss how to identify the purpose of illegal possession of the perpetrator in the one-house multi-disposal.There are two ways to confirm the purpose of illegal possession in practice: direct confirmation and indirect presumption.However,in the case of one-house multi-disposal,there is generally no fact that can directly determine the existence of the purpose of illegal possession of the perpetrator,so it is necessary to judge the existence of the purpose of illegal possession through the theory of criminal presumption.The fourth part proposes that the criminal law relationship and the civil legal relationship in the case of multiple housing disposal cases should not adhere to the principle of “first punishment after the people”,but should adhere to the “parallel punishment” approach.In exceptional cases,"first sentence after the people" or "punishment after the people" should be adopted.When it is affirmed that the behavior of one-house multi-disposal constitutes the crime of contract fraud,it cannot be used as a basis to deny the validity of the civil contract.The effectiveness of the civil contract should be based on the specific type of cases and judged according to the provisions of the contract law.