2010Journal of Chang'an UniversityRequires access

Rethinking about contract fraud in nature,type and format

Guo Bao-ping

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Abstract

A detailed analysis of contract fraud from the perspective of nature,type and form of the contract is conducted.The conclusion shows that the contract is just a strategy in the circumstance of contract fraud,which is used to defraud others' property.The definition of contract,in this context,is the contract that can reflect the market order.Therefore,the contract that adjusts relationships should be ruled out absolutely.In addition,the contract fraud in criminal law,should be interpreted from an open perspective,which means that both oral and written contracts will constitute the crime of contract fraud.

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A detailed analysis of contract fraud from the perspective of nature,type and form of the contract is conducted.The conclusion shows that the contract is just a strategy in the circumstance of contract fraud,which is used to defraud others' property.The definition of contract,in this context,is the contract that can reflect the market order.Therefore,the contract that adjusts relationships should be ruled out absolutely.In addition,the contract fraud in criminal law,should be interpreted from an open perspective,which means that both oral and written contracts will constitute the crime of contract fraud.

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Available abstract

A detailed analysis of contract fraud from the perspective of nature,type and form of the contract is conducted.The conclusion shows that the contract is just a strategy in the circumstance of contract fraud,which is used to defraud others' property.The definition of contract,in this context,is the contract that can reflect the market order.Therefore,the contract that adjusts relationships should be ruled out absolutely.In addition,the contract fraud in criminal law,should be interpreted from an open perspective,which means that both oral and written contracts will constitute the crime of contract fraud.

Key concepts: Exclusion clause, Business, Severability, Contract management, Order (exchange), Context (archaeology), Perspective (graphical), Privity of contract

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