Definition of “Contract” in Crime of Contract Fraud
Yingxi Wang
Abstract
Yingxi Wang
Abstract
It is an important basis to define the contract in the crime of contract fraud for analyzing and understanding the crime of contract fraud. The nature of the contract is closely related to the characteristics of the crime. The object of contract fraud crime is public and private property rights and the order of the market economy,so the contract in the contract fraud crime must not only have the content of property, but also reflect the dynamic transfer of property in the market economic activities. The content of property should include property and property rights. Both written and verbal contracts could be the form of the contract in the contract fraud crime. The recognition of the verbal contract is in accordance with the practice of social development needs; conforms to the criminal law to protect the legal interests; corresponds to the logical relationship among the criminal the contract law and the civil law; fits in the needs of practice and development trend of the international law. In theContract law, as long as the contracts are of the nature of the contract in the contract fraud crime, they could be defined as the contracts in the contract fraud crime; the nature of the guarantee contract and the labor contract are consistent with the nature of the contract in the crime of contract fraud; as the two parties of the administrative contract are not completely equal in the legal relationship, and it reflects the relationship of administrative management not the market economic, it does not accord with the requirements of the contract in the crime of contract fraud.
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It is an important basis to define the contract in the crime of contract fraud for analyzing and understanding the crime of contract fraud. The nature of the contract is closely related to the characteristics of the crime. The object of contract fraud crime is public and private property rights and the order of the market economy,so the contract in the contract fraud crime must not only have the content of property, but also reflect the dynamic transfer of property in the market economic activities. The content of property should include property and property rights. Both written and verbal contracts could be the form of the contract in the contract fraud crime. The recognition of the verbal contract is in accordance with the practice of social development needs; conforms to the criminal law to protect the legal interests; corresponds to the logical relationship among the criminal the contract law and the civil law; fits in the needs of practice and development trend of the international law. In theContract law, as long as the contracts are of the nature of the contract in the contract fraud crime, they could be defined as the contracts in the contract fraud crime; the nature of the guarantee contract and the labor contract are consistent with the nature of the contract in the crime of contract fraud; as the two parties of the administrative contract are not completely equal in the legal relationship, and it reflects the relationship of administrative management not the market economic, it does not accord with the requirements of the contract in the crime of contract fraud.
Key concepts: Exclusion clause, Severability, Privity of contract, Business, Frustration of purpose, Contract management, Order (exchange), Law