Legal Analysis Of The Contract Fraud Case Involving Mr. Song And His Accomplices

In criminal proceedings,definition of crime and non-crime in fraud cases,as well as to what category of crime can such and such a case be classified often dwell at the centre of the disputes,perplexing the judicial practice.This study is based on a real lawsuit case,in which a focal point of dispute between the three parties-the prosecutor,the defendant and the ruling party-was formed over whether or not the defendants,Mr.Song and his accomplices had committed a crime,or what kind of crime they had committed.The case has gone through two rulings by a low-level and a higher-level court,resulting in certain impacts in the judicial and social circles.It is,therefore,rather sophisticated and typical.By employing methods like hermeneutics in criminal law and literature research,the author aims to study and validate the above-mentioned issues in the case and to provide responses to them accordingly.Following a train of thought starting from the discovery,to raising and then to solving the problems,the paper takes the composition of individual crimes under the specific provisions of the criminal law as its main premise,the legal facts of the case abstracted from the prosecution and trial as its minor premise,around which,the author replayed and applies deductive reasoning of the case for multiple times under the guidance of syllogism to build his argumentation and solutions to the disputed issues in the case before proposing certain suggestions on legal interpretation.In addition to the introduction,this paper consists of the following three parts:The first part contains a brief description of the basic facts and the bone of contention in the case involving Mr.Song and others suspected of contract fraud.In the second part,based on the bone of contention,the author analyses the legal implications of whether the suspects in the case constituted any fraud,contract fraud or crime of illegal business.In the third part,the author draws conclusions on the basis of the legal analysis of the second part,and by fathoming beyond the case proper,put forward certain suggestions on legal interpretation.