The Difficulties and Solutions in Judicial Application of Crime of Contract Fraud
Li Ji
Abstract
Li Ji
Abstract
Since the standard of crime of contract fraud is more strict than that of crime of fraud,it is debatable whether the offender should be found innocent or be guilty of crime of fraud when the amount involved in contractual fraud is between the two standards. The existing settings of amount of the crime is reasonable; instead,the adoption of same standard would not meet the requirements of the judicial practice. Therefore,an innocent result will be consistent with the purpose of the crime of contract fraud,without any loopholes in punishment; on the contrary,a result of crime of fraud will lead to a logic chaos in legal application,as well as an inequal punishment. In a word,the behavior should be treated as innocent if it could not meet the conviction standard from special law but the one from general law,unless there is a definitely different expression in law.
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Since the standard of crime of contract fraud is more strict than that of crime of fraud,it is debatable whether the offender should be found innocent or be guilty of crime of fraud when the amount involved in contractual fraud is between the two standards. The existing settings of amount of the crime is reasonable; instead,the adoption of same standard would not meet the requirements of the judicial practice. Therefore,an innocent result will be consistent with the purpose of the crime of contract fraud,without any loopholes in punishment; on the contrary,a result of crime of fraud will lead to a logic chaos in legal application,as well as an inequal punishment. In a word,the behavior should be treated as innocent if it could not meet the conviction standard from special law but the one from general law,unless there is a definitely different expression in law.
Key concepts: Punishment (psychology), Conviction, Constructive fraud, Business, Law, Criminology, Political science, Psychology