Determination Of The Crime Of Contract Fraud In Judicial Practice

With the development of The Times,the forms of crimes are more and more diversified,so is the crime of contract fraud.The crime of contract fraud is cognate with the crime of fraud,and his behavior is often treated as the crime of fraud.However,in the later period,scholars found that the crime of fraud could no longer satisfy him,and his behavior gradually expanded to a deeper field,involving not only the infringement of public and private property,but also the stability of the market economic order.Therefore,we gave him a new identity: contract fraud,in order to declare his status in the economic market.However,this identity also brings many difficulties,such as the identification of crime and non-crime,the identification of this crime and that crime,etc.,these problems make the judicial workers can not accurately define the nature of the case in the judgment,which leads to the misjudgment of felony or misdemeanor.Therefore,how to identify the crime of contract fraud in judicial practice will be the core content of this paper.The author will elaborate through the following four parts.In the first part,the author first clarifies the significance and methods of this paper.The significance is mainly from the perspectives of theory and reality.On the one hand,it can make up for the lack of academic theories related to the crime of contract fraud.On the other hand,it is helpful for judicial workers to have more rational judgment on such cases in practice.The research methods are mainly case analysis method and literature research method.In other words,it is to analyze the different cases,reveal the difficulties,and then link the difficulties with the knowledge in the literature to solve the problems,so as to make the theory and practice of the article coincide.In the second part,the author will start from the criminal law of 1997 and consider the background,purpose and legal interest of the legislator to stipulate the crime of contract fraud as a separate crime.In detail,in the legislative background,the author will focus on the establishment of the crime from the cause,process,the results of three aspects to elaborate.In the legislative purpose,the author will elaborate from the positive effect brought by the crime after it was established separately.In the legislative interests,the author will elaborate from two aspects: the protection of the ownership of public and private property and the protection of market economic order.Through the analysis of the above three aspects,it makes readers realize the necessity and accuracy of the legislator to stipulate this crime as a separate crime.The third part,since the second part has summarized the relevant legal provisions of the crime of contract fraud,this chapter will focus on the application of the crime in judicial practice,and cite six cases to analyze the difficulties and ambiguity.These six cases mainly reveal six problems: first,the remaining doubts in the identification of the subject,that is,the boundary between the crime of individual contract fraud and the crime of unit contract fraud;Second,the identification of the object of the crime,that is,whether the object of the crime includes illegal income,real estate,intangible property,contraband and so on;The third is to discuss the measurement standard of the amount of the crime,which contains two difficulties: first,how to determine the standard of the amount of the crime in the conviction and sentencing of the crime;second,how to understand the abstract concepts such as "large amount" and "huge amount" of the crime;Fourthly,the identification of the crime of contract fraud and the crime of fraud.The distinguishing point of the two lies in the grasp of "contract",so how to understand the contract will be of great value to distinguish the two crimes.Fifth,the identification of contract fraud and contract disputes.The difference between them mainly lies in the inference of whether the actor has the purpose of illegal possession.Sixth,the identification of the crime of contract fraud and civil fraud,the distinction between the two will be through the subjective purpose,the degree of contract performance,property flow to distinguish.In this chapter,the author will focus on six examples to reveal the difficult problem of the determination of the crime of contract fraud in judicial practice,and combine theory and practice to clarify the nature of the problem,in order to provide guidance for solving this kind of problems.In the fourth part,the author will put forward four principles to solve the problems related to the crime of contract fraud in judicial practice: one is the principle of presumption of innocence;Second,the principle of combining legal provisions with legal interpretation;Third,the principle of the unity of subjective and objective;Fourth,the principle of adaptation of culpability to punishment.The author intends to grasp the difficulty in the determination of contract fraud in judicial practice from four aspects of attitude,law,fact,conviction and sentencing,so that judicial workers can be fair and reasonable in dealing with such cases.The author will through four parts of the statement,to solve the judicial practice of contract fraud crime and non-crime,this crime and the crime of that crime.The first is to let judicial workers in dealing with this kind of cases can outline the mystery,justice,justice,justice of the judicial system;Second,the crime of contract fraud can better protect the development of market economy,so as to realize the steady operation of China's market economy and promote the prosperity of the country.