第1个回答 2009-03-16
摘要
Abstract
目前，我国正处于社会发展的重要时期，由于经济的发展需要，合同已经成为经济领域不可缺少的行为契约。为了保障市场经济的健康发展，1997年刑法根据诈骗行为侵犯的客体特征、犯罪对象特征、诈骗行为的手段特征，从普通诈骗罪中分立出一些破坏市场经济秩序的具有诈骗特征的犯罪，并入了“破坏社会主义市场经济秩序罪”一章，合同诈骗罪就是其中的一个。本文从合同诈骗罪的概念入手，简要分析了合同诈骗罪的构成要件及相关特征。合同纠纷与合同诈骗罪虽然有许多相似之处，但两者也有本质的不同，合同诈骗罪在主观上是以非法占有他人财物为目的，并非进行实实在在的经济行为，行为人利用各种经济合同进行诈骗，表现出了极大的欺骗性、贪婪性和危害性，合同诈骗，直接使他方当事人的财产减少，侵害了他方当事人的财产所有权。当前在审判实践中，只有正确划清合同诈骗罪中罪与非罪的界限，综合分析行为人的客观表现及危害后果，才能做到正确适用法律打击合同诈骗犯罪，及时调整经济纠纷，进而达到保护被害人合法权益。
At present, our country is in the important period of social development, because of the economic development need, the contract has already become the indispensable behavioral agreement of the economic field. In order to ensure the sound development of market economy, 1997 criminal law, according to swindling object characteristic, crime target's characteristic that the behavior was infringed, swindling the behavioral means characteristic, crime of swindling the characteristic in what some destruction market economy orders happens discretely from the ordinary crime of fraud, having incorporated into chapter one of " crime of undermining socialist market economy order ", the crime of fraud of the contract is one of them. This text proceeds with concept of the crime of fraud of the contract, the composition of the crime of fraud of the brief analysis contract wants one and relevant characteristics. Though contract dispute and crime of fraud of contract have a lot of similarity, the two have essential difference, the crime of fraud of the contract is with the purpose of occupying others' property illegally subjectively, not carrying on the true economic behaviour, the actor utilizes various economic contracts to swindle, demonstrate great duplicity, avarice and harmfulness, the contract is swindled, make the property of the party of other party reduce, has encroached on the property ownership of the party of other party directly. In trying practice at present, only draw a clear the crime and non- guilty demarcation line in crimes of fraud of contracts correctly, objective behavior and danger consequence of the comprehensive analysis actor, could make sure the correct applicable law attacks the contract and swindles the crime, Adjust the economic dispute in time, and then reach and protect victim's legitimate rights and interests.
关健词：合同诈骗罪 构成 界限
Key words: contract fraud. Pose. Boundaries.
第2个回答 2009-03-16
你好，谁都有郁闷的时候，只有适当放松自己，调整好自己的身体，身心。那样就会好上许多。在你郁闷的时候可以想想，其实我比你更郁闷。我是个很惨的人。有多惨呢。要多惨有多惨。你跟我比起来就差远了。但我还是挺开心的。对比一下。是否心里好了一些呢！或许！祝你会好起来。谢谢
第3个回答 2009-03-14
At present, our country is being in the social development the important period, as a result of the economical development need, the contract already became the economic domain essential behavior contract. In order to safeguard the market economy the healthy development, in 1997 the criminal law basis cheating behavior infringement's object characteristic, the crime object characteristic, the cheating behavior's method characteristic, established separately some from the ordinary crime of fraud to destroy the market economy order to have the cheating characteristic crime, has merged “the destruction socialist market economy order crime” a chapter, the contract crime of fraud is. This article obtains from the contract crime of fraud's concept, summary analysis contract crime of fraud constitution important document and related characteristic. Contract dispute and contract crime of fraud, although has many similarities, but both also have the essential difference, the contract crime of fraud subjectively is take the wrongful possession other people belongings as a goal, carries on the solid economic activities by no means that the author uses each kind of economic contract to carry on the cheating, displayed the enormous fraudulence, greedy and the hazardous nature, the contract cheating, caused other source litigant's property reduction directly, has violated other source litigant's property rights. Current in trial practice, only then makes a clear distinction between in correctly the contract crime of fraud the crime with the non-crime's boundary, the generalized analysis author's objective performance and the harm consequence, can make the correct applicable legislation attack contract cheating crime, the prompt adjustment economic dispute, then achieves protects the victim legitimate rights and interests
Guan Jianci: Contract crime of fraud constitution boundary
第4个回答 2009-03-16
At present, our country is being in the social development the important period, as a result of the economical development need, the contract already became the economic domain essential behavior contract. In order to safeguard the market economy the healthy development, in 1997 the criminal law basis cheating behavior infringement's object characteristic, the crime object characteristic, the cheating behavior's method characteristic, established separately some from the ordinary crime of fraud to destroy the market economy order to have the cheating characteristic crime, has merged “the destruction socialist market economy order crime” a chapter, the contract crime of fraud is. This article obtains from the contract crime of fraud's concept, summary analysis contract crime of fraud constitution important document and related characteristic. Contract dispute and contract crime of fraud, although has many similarities, but both also have the essential difference, the contract crime of fraud subjectively is take the wrongful possession other people belongings as a goal, carries on the solid economic activities by no means that the author uses each kind of economic contract to carry on the cheating, displayed the enormous fraudulence, greedy and the hazardous nature, the contract cheating, caused other source litigant's property reduction directly, has violated other source litigant's property rights. Current in trial practice, only then makes a clear distinction between in correctly the contract crime of fraud the crime with the non-crime's boundary, the generalized analysis author's objective performance and the harm consequence, can make the correct applicable legislation attack contract cheating crime, the prompt adjustment economic dispute, then achieves protects the victim legitimate rights and interests
Guan Jianci: Contract crime of fraud constitution boundary
PS:GOOD LUCK FOR YOU ^_^
第5个回答 2009-03-14
At present, our country is at an important period of social development, because of the economic development required, the contract has become indispensable to the economic field behavior contract. In order to guarantee the healthy development of market economy in 1997, violations of criminal law in accordance with the object of fraud characteristics, crime characteristics of the object, means of the characteristics of fraud, from the ordinary fraud in the separation of some to undermine the market economic order with the characteristics of fraud crime, into the "destruction of the socialist market economic order" Chapter 1, contract fraud is one. In this paper, the concept of contract fraud start with a brief analysis of the contract elements of fraud and related characteristics. Contract disputes and contract fraud although there is lot of similarities, but there is also the nature of the two different contract fraud at the subjective based on the illegal possession of property for the purpose of others, not in the process of real economic activity, acts of people using various economic contract fraud, showing a great deceptive, greedy, and harmful, contract fraud, directly reducing the property of the other party, against the other party's property rights. The current practice at the trial, only the right to draw a clear contract fraud in罪与非罪boundaries, a comprehensive analysis of behavior of the people against the consequences of objective performance and to achieve the correct application of the law against contract fraud crimes, timely adjust economic disputes, thus to protect the legitimate rights and interests of victims.
Key words: contract fraud constitute the boundaries