The difference between contract fraud and fraud

1, the object of contract fraud and fraud is different:

On the object of infringement, the crime of fraud only infringes on the ownership of public and private property, which is a simple object; The crime of contract fraud not only violates the ownership of public and private property, but also violates the market transaction order and the national contract management system, so it infringes on complex objects; This is why the crime of fraud belongs to the crime of infringing property, while the crime of contract fraud belongs to the crime of undermining the social market economic order.

2. The objective aspects of contract fraud and fraud are different:

The crime of fraud is mainly manifested in the cheating behavior of the actor, which makes the victim have a wrong understanding and deliver property. There are various means of fraud, not limited to the process of signing and performing contracts; The crime of contract fraud is the behavior of the actor in the process of signing and performing the contract, by adopting deceptive means such as fictional facts and concealing the truth, to defraud the other party to the contract. Therefore, the means of contract fraud is limited to using contract means to defraud public and private property in the process of signing and performing contracts.

3, the key to distinguish between contract fraud and fraud:

The key to distinguish between the crime of contract fraud and the crime of fraud lies in whether there is fraud in the process of signing and performing a contract, and whether public or private property or property interests are defrauded in the form of a contract. In other words, whether it is carried out in the name of a contract or not, as long as we correctly grasp what a "contract" is, the boundary between the two is obvious.

The "contract" in the crime of contract fraud should be defined as "contract" in the sense of civil code, and the crime of contract fraud cannot be defined just because there is a contract. "Contract" must be a real contract. The so-called real contract must conform to the basic terms of the contract stipulated in Article 143 of the Civil Code, including the subject matter of the contract, quantity, quality, price or remuneration, time limit, place and method of performance, liability for breach of contract and way to resolve disputes.

Civil fraud refers to the act of deliberately telling the other party false information or deliberately concealing true information in the process of establishing, changing and terminating civil rights and obligations, and inducing the other party to make a wrong representation.

Contract fraud refers to the act of defrauding the other party's property by fabricating facts, concealing the truth and setting traps during the signing and performance of the contract for the purpose of illegal possession. Or one party to the contract deliberately conceals the real situation, or deliberately tells the other party false information to induce the other party to make a wrong expression of intention, so as to sign or perform the contract with it.

Both civil fraud and contract fraud occur in economic activities, disrupting normal economic activities, and contracts with clearly defined rights and obligations of the parties are all fraudulent means. The deceived person fell into a wrong understanding because of fraud, and then negotiated because of the wrong understanding, which caused the property of the deceived person to suffer losses. However, there are obvious differences between the two:

First, the subjective purpose is different. The parties to civil fraud resort to deception, which aims to make the opposite party have a wrong understanding, make a legal act that is beneficial to them, and then seek certain "illegal interests" through the performance of the legal act by both parties, which is essentially profit-making and does not have the purpose of illegally occupying public and private property; The crime of contract fraud is illegal possession of public and private property in the name of signing an economic contract.

Second, the content and means of fraud are different. Civil fraud has civil content, that is, the fraudster obtains certain economic benefits through economic labor such as commodity exchange, completion of work or provision of labor services; The crime of contract fraud is not prepared to perform the contract at all, or has no actual ability or behavior to perform the contract at all. Civil fraud in contracts generally does not need to impersonate identity, but mainly focuses on the terms or contents of the contract, such as confusing the fake with the real, shoddy and so on. The perpetrator of the crime of contract fraud always tries his best to pretend to be a legal identity, in order to achieve the purpose of using the contract to defraud property, such as using a pseudonym, identity certificate, power of attorney, etc. Cheat the trust of the deceived party.

Third, the objects of fraud infringement are different. The object of civil fraud is the rights and obligations agreed by both parties in the contract, such as the contract deposit and advance payment defrauded by the fraudster, which are all manifestations of contract debts; The object of contract fraud is the ownership of public and private property, that is, property rights.

Fourth, the legal consequences of fraud are different. The consequence of civil fraud is that civil acts are invalid and have no legal binding force from the beginning. If a dispute between the parties causes a lawsuit, the civil fraudster shall bear the civil liability for returning the property and compensating for the losses; The crime of contract fraud is a serious violation of criminal law and should be punished by punishment. The actor should bear double legal responsibilities for the legal consequences of contract fraud, not only criminal responsibilities, but also civil responsibilities if losses are caused to the other party.

Five, the applicable law is different. Although civil fraud is objectively manifested as fictional facts or concealing the truth, its fraud is still within a certain limit, so it is still regulated by civil law norms; The crime of contract fraud is aimed at illegally possessing other people's public or private property, which violates the criminal law and should be punished, so it is subject to punishment laws and regulations.

Sixth, the objective performance is different. In the way of behavior, civil fraud is not only manifested as action, but also a considerable part as inaction; And the crime of contract fraud is all as.

legal ground

Criminal law of the people's Republic of China

Article 224

Contract fraud

Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:

(1) Signing a contract in the name of a fictitious unit or others;

(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.

Article 266

crime of fraud

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

second

Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.