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Study on the Nature of the Act of Gaining Analysis of the Concept the Contract in the Crime of Contract Fraud

Author: FanDengDian
Tutor: ZhangYongHong
School: Xiangtan University
Course: Criminal Law
Keywords: Contract Fraud Contract Connotation Denotation
CLC: D924.35
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 0
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Abstract


Contract fraud in the“contract”, whether in content or in the extension on all remaining disputes In its connotation, "a feature that" think it’s just the nature of the market order; "two features that" think that Chui should reflect the property; "three characteristics that" the two are more detailed than before and concrete. In its extension, the "nature of the standard contract, said," that the contract fraud in the contract is only an economic contract, or is in line with "contract law" provisions of the contract; "standard form of contract that" from a written contract, oral contracts and other forms of Contract terms define the“contract”extension.Contract fraud in the“contract”shall have the specific connotation. Equality of market players, meaning the autonomy of the contracting parties and punishment requirements limit the scope of“contract”should reflect the equality of relations contract; behavior of the object, the contract nature of the penalty determined the scope of“contract”should be reflected in property relations contract; market economic activities, the contract signing, implementation process, the contract determines Bilateral paid“contract”should reflect the market economic order of the contract.Based on "contracts" meaning,“contract”is to produce in the market activities, to property or property interests for the content of the contract. It is the property relations between the equality of the main embodiment. Based on“contract”of extension, contract fraud in the contract of course, include the majority of economic activities exist in the market to type contract. Contract fraud in the“contract”includes a written contract should also include an oral contract and other forms of contract. The nature of a civil contract with the property, contracts, labor contracts and contract fraud are also in the“contract”type. Contract fraud in the“contract”should not include state contracts and administrative contracts.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime against property
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