浅析合同诈骗罪认定.pdfVIP

关键词：合同诈骗 犯罪构成 罪名认定 About Identifying the Crime of Contract Fraud ABSTRACT ：A contract is an agreement made by both parties to realize certain aims and to made the rights and duties clear. It is the legal form of a trading relation. The legal system of the contract shows and reflects the inner needs and general rules of trading relations and provides the basic behavior pattern for the trading of goods. Under the socialist market economy, some criminals ignore the law and conduct fraud by contracts, which is very dangerous. So the legal system of the contract is a basic guarantee of the order of social economy. The Criminal Law of our country puts forward in rule 224 that the crime of contract fraud is the special form of general crimes of fraud as well as one of the main economic crimes, which appears frequently in recent years and makes up a quarter of economic crimes. The crime of contract fraud turns out in different forms and by different means and it is difficult to identify it. Moreover, sometimes it even causes controversy. So we should pay some attention to it. Based on current legal system of our country, this essay analyses and research into related rules about contract fraud and tell what a crime of contract fraud is mainly from the angle of The Criminal Law. A contract in The Criminal Law originally refers to a economic contract. However, with the development of our society and the economy, a contract does not only refer to a economic contract, but in a broad sense, it can also refer to a non--economic contract, which is an important statement about the - 2 - object refers to the behaviors in a trade in which one party defrauds money and property from the other one