Research On The Crime Of "two-head Fraud" Type Of Contract Fraud

Fraud crimes in China's current judicial practice is a common,multiple types of crime,one of the special fraud crimes is the actor before the behavior of the property obtained as a basis for the implementation of the latter fraud to obtain more illegal interests,this kind of crime in practice is often referred to as "double fraud".Through the retrieval of the judgment documents and the discussion of the disputes in the theoretical circle,this paper finds that there are different judgments for the same case in practice,and there are disputes in the theoretical circle about the handling of the case.The characteristics of the two cases studied in this paper are that the later fraud of the doer is carried out on the basis of the illegal benefits obtained from the previous fraud.The latter frauds are in line with the constitution of the crime of contract fraud,so they all constitute the crime of contract fraud.Want to maintain correctly "double fraud" the character of the actor in kind of case,want to distinguish above all before and after a few behavior are to belong to civil fraud or contract bilk.The key to this distinction is to see two points,one is to see whether the actor has the purpose of illegal possession,the other is to see whether the degree of damage caused by the behavior of the actor to meet the requirements of the crime of contract fraud.On the basis of the establishment of the crime of contract fraud,it is necessary to further analyze whether the behavior after the contract is not punishable after the fact.In the two cases studied in this paper,since the post-act infringes on the new legal interests,it does not meet the requirement of non-punishable afterwards,but constitutes a new crime."Double fraud" cases because several behavior before and after the break and does not belong to the same charges afterwards not punishment,so the before and after a few contract fraud crime have different views in how to deal with theory and practice and the processing method,according to the point of view as well as the usual practice in the practice,the judgment before one commits crimes should be a crime shall be given a heavier punishment,but the author believes that in order to better protect the legitimate rights and interests of the victim,more effective to crack down on such crimes,combined punishment for several crimes shall be practiced.The determination of the amount of crime this paper proposes to adopt the theory of combined punishment.First,the theory of combined punishment is more consistent with the principle of combined punishment for one crime and several crimes,which can better protect the legitimate rights and interests of the victims.The second reason is that the doer's behavior conforms to the constitution of the crime of contract fraud and the theory of the same crime.The third reason is that it is more comprehensive,objective and accurate in calculating the amount of crime committed by the perpetrator.