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在当前司法实践中,合同诈骗罪的认定是一个难点。主要原因在于合同诈骗与合同纠纷之间的界限模糊,难以掌握。一些合同诈骗犯罪客观方面的表现又恰恰与合同纠纷特征相似或相同,这就为行为人借口合同纠纷而逃避法律制裁提供了可乘之机,也使司法机关在此类案件的处理上浪费了大量的人力、物力、财力。因此,准确认定二者之间的区别,有着重要的理论与实践意义。
In the current judicial practice, the identification of contract fraud is a difficult task. The main reason is that the boundaries between contract fraud and contractual disputes are vague and difficult to grasp. Some of the objective aspects of contract fraud and the performance of the contract exactly the same characteristics of the contractual disputes, which for the conduct of contract breaches of contract breaches of the law to evade legal sanctions provided an opportunity, but also to the judiciary in the treatment of such cases wasted A lot of manpower, material and financial resources. Therefore, to accurately identify the difference between the two has important theoretical and practical significance.