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On the contract fraud

Author: CuiDengWu
Tutor: ZuoMingAn
School: China University of Political Science
Course: Legal
Keywords: Contract fraud Crime in Preparation A relatively large amount Detinue Constitute a crime Main points Civil fraud Solicitation of an offer to Broadly interpreted. Criminal Law
CLC: D924.3
Type: Master's thesis
Year: 2005
Downloads: 210
Quote: 0
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Abstract


Contract fraud, and focus on the concept of contract fraud, contract fraud crime constitutes a basis for conviction of crime in preparation for contract fraud, contract fraud, contract fraud and civil fraud difference. Its main contents are as follows: the author in the first chapter deals with contract fraud in the contract should be China's \Contract fraud, illegal possession should be the kind of active pursuit of illegal possession of malicious possession. For contract fraud in the contract \The second chapter in the origin of the contact contract fraud analysis on the main point on the basis of this, the author defines the crime of contract fraud is a natural person or a legal person, entered into the contract process, to the illegal possession for the purpose of defrauding the public and private property, The large amount of destruction of the social market economic order, one acts. The third chapter in what, under what kind of mental state, implementation of what kind of behavior, against the order of what legal interests, the author discusses in this chapter constitute the crime of contract fraud. The main part of the contract fraud focuses on the main constituent elements of the unit of contract fraud, the unit of the main body with natural body distinction. Subjective element partially elaborated contract fraud intentionally only direct intention, the core of the subjective aspects of illegal possession, objective elements partially detailed exposition of the the objective acts four elements of contract fraud prime: the behavior and purpose elements; time element; logic elements; objective aspects of qualitative elements. The elements of the object the author advocates composite object theory. Contract fraud object to the principle of good faith and public and private property ownership. Chapter IV, in view of the preparation for crime of contract fraud are often overlooked in the judicial practice, the author discusses the preparation for crime of contract fraud constitutes preparation for crime should be held criminally responsible; distinction between a contract from the theory of criminal law; criminal policy stressed preparation for crime and attempting to commit an offense of the crime of fraud, contract fraud and made to proceed with the behavior of the judgment formula. Chapter contract fraud conviction key points \. Advocate in Ready, attempted to abort the case, the basis of the conviction is the subject matter of the contract amount, or behavior intended to defraud the amount in both tunnel under the direct loss and the amount of the property should be based on the actual perpetrator and victims as the basis. And pointed out that the conviction is based on \

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