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利用合同诈骗犯罪(以下简称合同诈骗罪)是诈骗罪的一种,指行为人以非法占有公私财物为目的,采取虚构事实或隐瞒真相等手段,通过同他人签订经济合同的途径,非法取得并占有他人财物效额较大的行为。这类犯罪往往与经济合同法中的欺诈行为(以下简称合同欺诈行为)交织在一起,不易区分。从相同点看,二者都发生在经济交往活动中,都有明确双方权利义务关系的合同存在,且依法均系无效合同,客观上都采用欺骗手段;主观上都是故意。但是,二者有着本质的区别。合同欺诈行为仅是一种违法行为而已,它是指行为人以营利为目的,虚构事实或者隐瞒事实真相,致相对人与自己签订经济合同的不法行为。
The use of contract fraud (hereinafter referred to as contract fraud) is a crime of fraud, referring to the perpetrator of illegal possession of public and private property for the purpose of using fictitious facts or concealing the truth and other means by signing economic contracts with others illegally acquired and Possession of other people’s property value of the larger acts. Such crimes are often intertwined with fraud in the economic contract law (hereinafter referred to as contract fraud), which is not easy to distinguish. From the same point of view, both occurred in the activities of economic exchanges, both have a clear contract for the rights and obligations of both exist, and are invalid contract according to law, objectively using deception means; Subjectively are deliberate. However, there is an essential difference between the two. Contract fraud is only an illegal act, it refers to the perpetrator for the purpose of for-profit, fictional facts or conceal the truth, to the relative and their own economic contract signed a wrongdoing.