Research On The Qualitative Impact Of Asset-liability Ratio On Contract Fraud Cases

Some of the characteristics of contractual fraud are more easily intertwined with civil contract disputes,which makes the qualitative analysis of the case more difficult to grasp,and it provides more circuitous space for the accused and the lawyer to shirk and justify,which further increases the difficulty of identifying the crime of contractual fraud.At present,it is difficult to prove the subjective elements such as the elements and purpose elements of the contract fraud,which is the most typical and increasingly prominent in judicial practice,and this is also the primary factor in the crime of contractual fraud.The identification of the crime of contractual fraud is mainly based on the subjective intention,which proves that the subjective intention of the suspect is the breakthrough point of the crime of contractual fraud.The subjective intention of the crime of contract fraud in judicial practice is directly intentionally,which requires more subjectively and deliberately time nodes,and should have objective and sufficient factual evidence to prove that the suspects have illegally occupied intentionally,and intentionally when signing a contract,ask him to know that he has no ability to perform the contract,or that he has no effective guarantee,and actively adopts a series of deception to sign the contract with others,and this is the difficulty of subjective proof of the crime of contractual fraud.In view of the difficulty of proving the crime of contract fraud in judicial practice,the author holds that presumption is an important way to solve this problem.Because the criminal presumption is a logical or practical application in our country's normative documents and judicial practice,the presumption should be applied to prove the subjective and objective elements of the crime.Such as drug crime,intellectual property crime,smuggling crime,corruption crime,money laundering crime,drug crimes and other crimes in the subjective purpose of the identification,the presumption often used to prove the difficult.So,what kind of perspective to solve the crime of contract fraud is the key difficult point to solve?The author believes that the objective fact of the asset liability ratio can be a good starting point.Through study of the asset liability ratio,to determine the subjective attitude of the parties in the contract,I think this is feasible.Because the asset liability ratio is an objective indicator,which reflects the status quo and future production of a business.In the crime of contract fraud subjective intent of illegal possession cognizance difficulty,and application of proposition and practical past in terms of the rate of assets and liabilities can be,should also be worthy of attention,to study and solve the contract fraud in the subjective intent of the strong presumption conditions.As the enterprise as a legal person fails to pay off its due debts,and its assets are insufficient to pay off all debts or obviously lack of solvency,It is enough to assume that the actor has the subjective purpose of illegal possession.Because it is impossible to carry out the basis and premise of the contract,unless the parties have sufficient evidence to reverse the presumption.Therefore,to infer the subjective intention of the party from the asset liability ratio of the enterprise is an important evidence to prove that the party has the purpose of illegal possession and the implementation of the criminal act.So,the presumption of debt ratio is an important basis for the determination of the purpose of illegal possession.The presumption from the objective perspective,it means that in the objective situation can be presumed to parties with the intent of illegal possession in specific situations or logical relations,the parties should actively undertake to prove their implementation of the act,with not knowing the subjective burden of proof;If the parties do not or cannot be a"reasonable explanation" or "reasonable proof' that the parties can not find reasonable sufficient and objective evidence to prove that he was not aware of the behavior,it should be identified as the party has knowingly deliberately in the implementation of the act.To a certain extent,part of the burden of proof of"knowingly" is transferred to the defendant.Based on this,the author can presume the subjective intention by the asset liability ratio.Because the asset liability ratio is an important means and method of presumption of contract fraud.