What Are The Characteristics Of Contract Fraud?

　　 crime of contractual fraud Have the following Characteristic The first is that the actor has the intention of illegally possessing the property of the other party's property. The two is that the fraudulent means are used in the process of signing and performing the contract, and the three is that the contract fraud must reach a relatively large amount before it constitutes a crime. "Contract" mainly refers to all kinds of economic contracts protected by law, such as supply and marketing contracts, loan contracts, etc. As long as the actor is in the process of concluding and performing the contract, his behavior has the above characteristics, that is, the crime of contract fraud.

The criminal law of China has enumerated five specific aspects of fraudulent use of the property of the other party by signing or performing the contract. Criminal situation (1) to sign a contract in fictitious units or in the name of others. This refers to the main body of a fictitious contract, that is, the use of a unit which does not exist at all, or the conclusion of a contract in the name of others without the permission or authorization of others. (two) fictitious guarantee is made by forging, altering or cancelling bills or other false property rights certificates. When signing a contract, a contract guarantee is issued according to the laws, regulations or the requirements of the other party, which is a regular practice to reduce the risk of contract and guarantee the fulfillment of the contract. The "bills" mentioned here mainly refer to bills of exchange, promissory notes, checks and other financial instruments. "Property rights certificate" includes the land use certificate, the house ownership certificate and all kinds of valid proof documents that can prove the ownership of movable property and real estate. It is a common way to contract fraud by using a fictitious guarantee document to deceive the other party and sign a contract with him. (three) without actual performance, the parties concerned should be enticed to continue to sign contracts with them in the way of performing small contracts or partially performing contracts. This is the usual saying "long line fishing for big fish". That is, the actor will continue to sign contracts with him to defraud more property after performing the small contract or partially performing the contract as a bait to defraud the other party's trust. (four) after receiving the goods, money, prepayment or guarantee property paid by the other party, he will run away. This means that once the receiver accepts the property that the other party has paid according to the contract, he runs away. "Escape" means the way in which the actor takes any escape, hide or dodge that the other party can not find. (five) deceive the other party's property by other means. This refers to the circumstances in which the other party's property is swindled by signing or performing the contract in addition to the four cases mentioned above.

The criminal law stipulates three penalties for the crime of cheating others' property by signing or performing contracts. The first penalty is a larger one, with a term of imprisonment of not more than three years or criminal detention, or a single penalty. The second penalty is a prison sentence of a maximum amount of money or serious circumstances. It shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The third penalty shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be fined or confiscated.