Research On The Determination Of Crime Amount In Contract Fraud

On March 14,1997,the Fifth Session of the Eighth National People’s Congress revised China’s criminal law.As a major content of this revision of the criminal law,the contract fraud crime was formally separated from the ordinary fraud crime and was included in the destruction of society.In the chapter of the crime of economic economic order,it becomes an independent charge and is defined as: "Contract fraud is the purpose of illegal possession.During the process of signing and performing a contract,it adopts fictitious facts or conceals the truth and deceives.The property of the other party is a relatively large amount."Since the crime of contract fraud not only damages the security of public and private property,but also severely disrupts the socialist market economic order,it is necessary in judicial practice to accurately grasp the set sentencing of contract fraud in accordance with the principle of suitability of crime,responsibility,and punishment.Vital.As an important part of the contract fraud determination and sentencing,the different standards for determining the amount of crime are often important signs to distinguish between crime and non-crime,and this crime and the other crime.However,due to the more general and general provisions on the amount of contract fraud in China’s Criminal Law,and no clear judicial interpretation has been issued to explain the specific standards of the amount of crime,this has led to the determination of the amount of contract fraud in judicial practice.There has been controversy,both in practice and in theory.This article starts from the typical cases of contract fraud crimes by Zhang Moum and Song,and analyzes the difficult problems related to the determination of the amount of contract fraud crimes,with a view to clarifying the issues related to the determination of the amount of contract fraud crimes.No case trial in judicial trial practice provides a theoretical reference.