Analysis On The Limits Of Crime Of Contract Fraud And Contractual Civil Fraud

The crime of contract fraud and contract fraud are similar in practice,so it is difficult to distinguish them in judicial practice.It is very important to clarify the boundary of them between theory and practice.This paper introduces the current research situation and significance of contract fraud and contract civil fraud,and finds out the differences between them by means of comparison and case analysis.According to the present law of our country,the similarities and differences between the crime of contract fraud and the act of contract fraud are compared through the concept and the components.Both of them have the ability to fabricate false facts or conceal the true facts in order to possess other people's property.Subjectively,they have fraudulent intent of others.Objectively,there are great differences in the degree of fraud,the content of fraud,the cause of failure to perform,the responsibility after breach of contract,the disposition of property and the harmful consequences.According to the differences between the two and the actual cases,the author takes "whether there is illegal possession as the purpose" and "whether the deception of the property to cause the other party great loss" as the main basis to distinguish the two.On the basis of distinguishing the difference between "illegal possession" in criminal relations and the difference between "illegal occupation" and "illegal possession" in criminal law,the scope of "illegal possession" should be correctly identified.As for the judicial practice of "illegal possession purpose",two methods are usually adopted: one is direct determination,the doer confesses to the criminal fact of illegally possessing other people's property,and at the same time,there are objective evidence to prove it;The other is indirect presumption.Under the situation that the purpose of illegal possession is difficult to identify directly the four aspects of objective behavior are used to infer indirectly whether the fraudster has "illegal possession".On the basis of illegal and social harmfulness of both,contract fraud can be transformed into the crime of contract fraud to some extent.