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在商品经济急剧发展的形势下,利用签订合同诈骗财物大有愈演愈烈之势。这类诈骗案件手段狡猾,不易识别,涉及面广,数额巨大,危害严重。要准确认定合同诈骗罪必须从该罪的构成要件入手,因为犯罪构成要件是整个刑法学理论大厦构建的基础,也是评判一切行为的罪与非罪的标准。本文对合同诈骗罪构成要件进行了深入的分析,从而确定罪与非罪,次罪与彼罪的界限。
Under the situation of the rapid development of commodity economy, the use of contract fraud has greatly intensified. Such cunning means cunning, not easy to identify, involving a wide range of huge amounts, endangering serious. To accurately identify the crime of contract fraud must start with the elements of the crime, because the elements of the crime is the construction of the entire theory of criminal law building the basis for judgments of all acts of crime and non-crime standards. This article has carried on the thorough analysis to the constitutive elements of the crime of contract fraud, so as to determine the boundary of crime and non-crime, the second crime and the second crime.