Legal Interest Research On The Crime Of Contract Fraud

The concept of legal interest belongs to “imported goods”,which refers to the interests protected by law.Because it can reflect the nature of crime more scientifically,it became one of the basic concepts of crime theory in China since the 1980 s.Most of the scholars thought that the legal benefit of contract fraud refers to the interests protected by Article 224 of the Criminal Law,but the criminal law scholars do not have a unified understanding of the legal benefits of the crime.There are currently three representative views: the double legal interests theory,the single legal interest theory and the triple legal interests theory.This paper believes that the discussion of criminal law theory can not be separated from the thinking of criminal justice practice in China.The current two judicial interpretations stipulate the amount of sin of contract fraud as 20,000 yuan(the same currency),which is higher than the scam of 3,000 yuan.The amount of conviction(5,000 yuan in the Shanghai area),in practice,has formed a phenomenon: even if the same amount is defrauded,the perpetrators of contract fraud often get a lighter penalty.When interpreting this phenomenon,all three theories show various deficiencies.Therefore,it is necessary to re-examine the legal benefits of contract fraud,both in the criminal law theory circle and the criminal justice community.This article can be divided into four parts.The introduction part introduces two reasons for choosing the topic,the source of writing reference materials,the research status of domestic scholars on the legal benefits of contract fraud,the theoretical and practical significance of the research,and the research methods used in writing this article.The first chapter,"The Judicial Status of the Crime of Contract Fraud",tending too much attention to the theory tends to lead to the limitation of the field of vision.The direct comparison of actual cases makes it easier to find the problem,so this article In the first chapter,four real cases occurred in the Shanghai area are listed.They are compared from the perspectives of “non-classification of crimes” and “non-category cases of non-category cases”.Based on the judgments with significant differences,the preliminary cases are derived.Conclusion-Compared with the crime of fraud,Supreme People's Court and Supreme People's Procuratorate made a lighter difference in the interpretation of the crime of contract fraud.The second chapter is "the academic views on the legal benefits of contract fraud".At present,there are three representative views in the academic world,namely,"the main legal benefit of the old market trading order(double legal interests theory)","the only legal benefit of public and private property ownership(single legal interest theory)"and the three-legged theory of contract management system(three-fold legal interests theory)",the main legal advantage of the old market trading order means that the crime of contract fraud contains dual legal benefits,namely market transaction order and public and private property ownership,of which market transaction order is the main legal benefit.Although this view has the upper hand,the scholars' remarks on this point of view are basically all about the criminal law system.The argument is not convincing.The only legal benefit of public and private property ownership is that there is only one crime of contract fraud.The public and private property ownership legal benefits,this theory actually evaded the conclusion of the system interpretation,but the problem is that the second doctrine failed to establish a new argument fulcrum,so this paper believes that this view is also open to question;the contract management system three legal theory Added the legal benefit of “the state's management system for contracts”.It does not distinguish between legal interests comparing the triple crime of contract fraud.In fact,because the criminal law theory circles pay little attention to the legal benefits of contract fraud,the above three doctrines are insufficiently systematically and logically.As for the differences in the process of judicial interpretation,these three theories are also not Propose reasonable conclusions.The third chapter is “The main legal benefit of the new market trading order”.This article strictly follows the interpretation steps of the legal interpretation.Firstly,from the perspective of the interpretation of the text,it interprets the existence of the legal benefit of the market transaction order in Article 224 of the Criminal Law;Article 224 of the Criminal Law interprets the system and further concludes that the market transaction order is the main legal benefit of contract fraud;but it is not enough to provide reasonable judicial practice for “non-class punishment” and “nonclass case” Explain the way,and then this article from the origin of judicial interpretation,"legal and relativity" theory and "victim creed" from the three perspectives of this positive and negative arguments,and finally can make a relatively reasonable explanation-the market trading order is the main contract The core legal benefits of fraud,but the public and private property ownership benefits are easier to measure,the latter is a secondary significant legal benefit;judicial interpretation of the appropriate increase in the amount of contract fraud crimes,but also reflects the practical significance of the supervision of contract parties to raise risk awareness.