Research On The Overlap Of Legal Articles On The Crime Of Contract Fraud

In 1997,the criminal code of our country added new crimes such as "contract fraud" and "loan fraud",which improved the criminal punishment for fraud crimes.However,in judicial practice,there are still some difficulties in cracking down on relevant fraud crimes based on the legal principle of crime and punishment and the principle of the compatibility between crime and punishment.Based on the crime of fraud of the contract as the breakthrough point,combing the concurrence of law theory of crime of fraud of the contract under the judicial status quo,in-depth analysis of its causes,and other country related theory and practical experience,to adhere to the legally prescribed punishment for a crime of fraud of the contract law competition problems,grasp the principle,explain conviction elements,balanced sentence Settings such as feasibility Suggestions.This paper is composed of five parts:the first chapter is the introduction,which briefly expounds the reasons for writing,the research background and significance of the paper,and describes the research status and research methods.The second chapter to collect Chinese judicial documents network case information,reflect the judicial precedent in contract fraud and crime of fraud,crime of fraud of the loan,insurance fraud,crime of fraud of the paper respectively exist law concurrence relationship between charges,as well as the corresponding fault principle,and gather the related cases,judicial interpretation,compares and analyses the content such as the provincial sentencing guidelines discussed problems caused by the crime of fraud of the current our country contract law phenomenon in disputes over the conviction and sentencing.The third chapter analyzes the causes of the concurring of articles of contract fraud in China from three aspects:the gap between legislative activities and judicial practice,the special construction of contract fraud crime,and the poor relations between articles.The fourth chapter adopts the methods of comparative study and historical research to learn the theoretical achievements of the competition and combination of German and Japanese laws,and absorb and draw on the legislative setting and judicial practice experience of contract fraud crime from outside the region.Chapter five discuss the concurrence of the crime of fraud of the contract law solution,adhere to the principle of a legally prescribed punishment for the premise,in the principle of "comprehensive evaluation" and "no repeat evaluation principle",on the basis of analysis of contract fraud crime with him when the concurrence of tolerance should be special absolute priority,specific analysis should be combined with the specific details of a case when theconcurrence of cross.At the same time,in the second chapter enumerated the conviction and sentencing in the judicial practice difficult problem,put forward the contract fraud in the aspect of conviction to grasp the focus of legal interest,the types of behavior,subjective purpose,the starting point of sentencing recommendations appropriate equilibrium fraud crime punishment with the highest punishment,exert the function of property penalty and plot in sentencing,thereby improve the crime of fraud of the contract in the aspect of legislation,the judicial system to build,in order to effectively solve the concurrence of the crime of fraud of the contract in the law level of controversy and conflict.