Analysis Of The Difficulties And Countermeasures In The Investigation Of Contract Fraud Cases

In recent years,the number of contract fraud cases is increasing day by day,and the situation is becoming more and more complex.Sometimes investigators take various investigative measures and collect various kinds of evidence,but because of various problems,they can not meet the needs of the procuratorates and courts to determine crimes,and finally can not successfully complete the proceedings.This paper takes the process of investigating a contract fraud crime by public security organs in XX District of Chongqing as an example,explores the limitations of investigators in the direction of investigation,the logic of evidence collection and investigative measures,analyses its causes,and puts forward suggestions for improvement.The full text is more than 17,000 words,mainly divided into the following parts:The first part introduces the investigation process of Qumou's suspected contract fraud case.Because of the death of key witnesses,investigators can not confirm the specific criminal means of the suspect.Instead,through presumption,they hope to prove that the suspect knows the existence of false collateral,using false collateral,and signing contracts with the victim to defraud loans.The investigators have obtained various evidences around the above ideas,but because of the cognitive differences with the procuratorate,the case will not be prosecuted in the end.This part analyses the investigative staff's thinking of handling cases and the logic of obtaining evidence,summarizes the reasons for not prosecuting,and analyses the cognitive differences between the procuratorate and the public security.The second part summarizes the difficulties that investigators encounter in the investigation of contract fraud cases.This part analyses the general process of investigating personnel according to the constitution of the crime of contract fraud,determining the direction of investigation and choosing the focus of investigation.However,in the absence of direct evidence,rigid investigative thinking may lead the case handlers to a deadlock.For example,the lack of direct evidence may directly block the direction of investigation established by investigators;various "covert acts" between the parties involved constitute the cause of illegal obstruction,but the parties do not confess to the investigators,resulting in a great waste of investigative resources;prove the suspect "for the purpose of illegal possession" of the existing ideas.More single,once the lack of direct evidence,it is likely to be unable to meet the requirements of the procuratorate,and ultimately conviction and sentencing of suspects.In many cases,the difference of understanding between public security organs and procuratorates occurs in the aspects of "the rationality of the direction of investigation" and "the sufficiency of evidence to prove the direction of investigation".On the other hand,investigators take various investigative measures to collect evidence.They face various special difficulties in obtaining evidence.Different measures have their own shortcomings,which affect the results of investigation.For example,the change of circumstances in the process of handling a case may greatly increase the difficulty of obtaining evidence;in the practice of contract fraud cases,the evidence provided by professional third parties(appraisal,audit,etc.)sometimes fails to achieve the best results;the existing means of investigating funds,there are many inconveniences in contract fraud cases.Imperfect use of investigative measures will not only cause difficulties in obtaining evidence,but also lead to forced changes in the direction of investigation.The third part is the suggestion to solve the problem of contract fraud investigation.In order to better investigate contract fraud cases and solve the above problems found in the investigation of contract fraud cases.In this part,the author puts forward some suggestions to improve the investigation,hoping to solve the problems in the existing contract fraud cases from the aspects of determination and revision of the direction of investigation,improvement of the logic of proof and comprehensive application of investigation measures.In the aspect of improving the direction of investigation,we should analyze the crime of contract fraud with the theory of three-level crime constitution,set up the direction of investigation closely around the constitution of contract fraud cases,so as to highlight the key points and difficulties of the direction of investigation;in the case of insufficient evidence,we should flexibly choose the investigative thinking of "criminal presumption" and amend the original ideas of contract fraud cases.The investigation direction can avoid the investigation deadlock.In terms of improving investigative measures,the comprehensive use of existing investigative measures and the determination of forensic scheme in advance can prevent the adverse impact of the change of circumstances on the case and achieve the purpose of forensic collection quickly;full communication with third-party professional institutions can improve the effectiveness of relevant evidence;and enhance the level of software and hardware of existing funds inquiry.Enhancing the systematicness of flow evidence can save the cost of handling cases and speed up the process of handling cases.