Research On Judicial Determination Of Contract Fraud

China's economy has undergone rapid changes after the rapid development of reform and opening up.In recent years,with the continuous improvement of the market mechanism,contracts have become an indispensable tool in daily economic communication.At the same time,crimes committed by the contract have been increasing..The crime of contract fraud has become a high-frequency crime.The object of the crime of contract fraud is not only the property rights of citizens,but also the socialist market economic order.At the same time,the crime of contract fraud often has a large number of people and a large amount of cases.Characteristics,its social harm is extremely great,and the parties have been increasing their crackdown on contract fraud.However,in recent years,statistical data on the crime of contract fraud shows that the base of contract fraud crimes has been rising in judicial practice,and the rate of withdrawal and non-prosecution has gradually increased.It can be seen that there are problems in the determination of contract fraud crimes in judicial practice.The judicial determination of contract fraud is both a practical subject and a theoretical subject of law.It has caused heated discussions in academia and judicial practice,and many experts and scholars have analyzed it.The author of this article tries to sort out the cases that he has contacted at work through the analysis of three typical cases to find out the most prominent problems in the law application of the crime of contract fraud.Combined with the existing research results,he comprehensively applies historical research methods and literature research.Law,comparative research method and case study method analyze and study the difficult issues in the application of the law of contract fraud.The full text is more than 40,000 words,divided into five parts:The first part: combing and analyzing the historical evolution and legislation status of the crime of contract fraud.The second part analyzes the concept,nature and constituent elements of the crime of contract fraud.Part III: Select three typical cases encountered in the work,introduce the case and the main controversial points,and find out the focal and difficult issues in the judicial determination of contract fraud.The fourth part: The author analyzes the outstanding problems in the judicial determination of contract fraud mentioned above,and analyzes them in combination with the above cases.It discusses the subjective intent of judging the perpetrators using criminal judicial presumption;the main points to be distinguished between the crime of contract fraud and the crime of fraud;the points of judicial determination of the amount of contract fraud crimes;three issues.The fifth part: Based on the analysis and research on the judicial determination of contract fraud crimes,the shortcomings of the legislation of contract fraud crimes in our country.Analyze the judicial determination of contract fraud in some countries outside the country,and find something worthy of reference.Put forward some perfect suggestions in order to help the law application of contract fraud.