Dissertation > Excellent graduate degree dissertation topics show

Analysis of the Contract Fraud

Author: WangBin
Tutor: ChenZeXian
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Contract Fraud Constitute a crime Contract Civil fraud
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 130
Quote: 0
Read: Download Dissertation

Abstract

The past two decades, with the development of China's reform and opening up, China's market economy has also been rapid development of individual industrial and commercial households, private enterprises, as well as all kinds, Ltd. and other goods equal transactions of individuals in large numbers in order to achieve their own interests to maximize the these subjects with equal status between each other's needs, often for goods and market transactions, the existence and development of these large volumes of transactions, on the one hand, making these individuals and enterprises to meet the needs of their own interests, on the other hand, their trading behavior makes the social resources of rationalization and scientific exchange and circulation, and promote the development of the socialist market economy, social market economy, showing a row of prosperity, but, with the prosperity of market transactions and circulation of commodities, some staff personal gain to the fictional facts to hide the truth from the deception, to commit fraud crimes, and a variety of forms, which way to sign the agreement on the implementation of fraud, the salient features of a fraud crime, and the complexity of this class of crime, qualitative difficulties, and the judiciary to combat such criminal activities, often encounter a variety of new situations and new problems, but because these new situations and problems not related to requirements specification, and makes these criminal activities can not effectively combat and punish for the prevention and punishment of such crimes, create a favorable trading environment for the socialist market economy, to ensure the market order of fair trade, China's new criminal code in the long-term judicial practice on the basis of combined a series of case studies and theory to explore the results of the special provisions of the contract The crime of fraud offenses and sets out in detail the establishment of the various circumstances of the crime, judicial practice, provides the basis for enforcement. However, in practice, constitute the particularity of the elements of contract fraud, the cause to a certain extent with the general crime of fraud is not easy to distinguish, which often happens in the judicial practice and criminal theory to understanding and identify the differences, in view of the above reasons First, talking about the History of contract fraud, combined with the main contract fraud, subjective, object, objective aspects of Elements discussed in detail, focusing in-depth analysis of the similarities and differences of contract fraud and fraud analysis contract fraud criminal and civil fraud disputes the similarities and differences of the Criminal Code provisions on contract fraud and related provisions of the rigor and legislative necessity of analysis and appraisal, and put forward their argument views, I hope that the resulting Discussion of this article correctly identified the judicial practice and punish such crimes provide a useful reference for further theoretical circles of justice to investigate the contribution of their own little humble.

Analysis of the Contract Fraud

Abstract

Related Dissertations