What is the crime of forging a house transfer contract?

Cheating others' property by forging a house transfer contract will constitute the crime of contract fraud.

Legal analysis

In the case of contract fraud, the actor may constitute the crime of contract fraud, or it may just be a general civil fraud, which can be judged according to the following standards: the crime of contract fraud refers to the act of defrauding the parties of a large amount of property for the purpose of illegal possession in the process of signing and performing a contract. The constitutive requirements of this crime are: (1) The object of this crime is the contract management order and the ownership of public and private property. (2) This crime is objectively manifested as the act of defrauding the property of the parties in the process of signing and performing the contract, with a large amount. The criminal law stipulates five ways of criminal behavior. (3) The subject of this crime is a general subject, and both natural persons and units can constitute the subject of this crime. (4) Subjectively, this crime is constituted by intention and must be aimed at illegal possession. That is, the perpetrator knows that his behavior is to defraud others of property, but for the purpose of illegal possession, he actively pursues the occurrence of criminal results. The motive of this crime can be varied. The subjective purpose of the perpetrator's illegal possession of the crime of fraud includes not only the perpetrator's intention to possess illegal income, but also the intention to possess illegal income for a legal person, unit or a third party.

legal ground

Article 224th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, 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) Fictitious units or signing contracts under the name of 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 224-1 Any organization or leader who, in the name of business activities such as selling goods and providing services, requires participants to obtain membership qualification by paying fees or purchasing goods and services, forms a hierarchy in a certain order, directly or indirectly lures or coerces participants to continue to develop pyramid schemes in which others participate, defrauds property and disrupts economic and social order, and is also fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.