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On the composition of contract fraud and Determination

Author: LiuZhaoRui
Tutor: ZuoMingAn
School: China University of Political Science
Course: Legal
Keywords: Contract Fraud Analyzed and discussed Public or private property Crime object Contract fraud Applicable Law Reality Features Oral contract Legislative History Illegal units
CLC: D924.3
Type: Master's thesis
Year: 2005
Downloads: 269
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Abstract


This article from the contract constitutes fraud and identify two aspects of contract fraud were discussed. Aims through contract fraud constitute research and summarize correctly distinguish civil contract fraud and contract fraud boundaries in judicial practice in order to facilitate the correct application of the law to combat contract fraud , protect the legitimate rights and interests. Article is divided into six parts. The first part is outlined contract fraud , contract fraud introduced Legislative History , summed up the dangers of contract fraud and realistic characteristics of the concept of contract fraud were analyzed and defined. The second part analyzes the object of contract fraud discussion to identify the object of contract fraud market order and public or private property ownership , and contract fraud criminal object analysis, contract fraud criminal object identified as the contract and possessions, explains how to define the scope of the contract contract fraud , whether to include an oral contract , the identification of public and private property and other issues . The third part analyzes the objective aspects of contract fraud , according to the provisions of section 224 of the Penal Code , analyzes the main five kinds of contract fraud specific behavior. The fourth part is the analysis of the main contract fraud discourse . Which as a general principal , both natural and units , provided that they meet the elements of crimes committed by units , the private sector and the illegal units could become the subject of contract fraud , contract fraud analysis of vicarious liability and warranties liability issues . The fifth part of the subjective aspects of contract fraud . Subjective aspect of contract fraud directly intentional fraud in the contract does not exist in indirect intentional . \Part VI of the Crime of contract fraud . Discusses the contract fraud and contract disputes distinction, contract fraud and civil fraud difference, contract fraud and similar crimes distinction.

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