试论合同诈骗犯罪的特点、趋势及对策

合同诈骗罪,是指以非法占有为目的,在签订、履行合同中,采用虚构事实或隐瞒真相的方法,骗取对方当事人财物,数额较大的行为。从侦查的角度看合同诈骗犯罪的特点主要有:一是在犯罪行为发生时与其他多种犯罪行为存在着牵连性,二是在案件的定性过程中具有可变性,三是在认定案件性质时与合同纠纷难以区别。近年,合同诈骗犯罪呈现新的犯罪趋势,如发案数居高不下,涉案金额稳中有降,流窜作案、团伙作案日益突出等。应加大打击力度,完善各项预防措施,消除地方保护主义,加强协作,形成一个打击合同诈骗犯罪的合力,建立一支高素质、战斗力强的经侦队伍。

On the Character, Trend and Countermeasures of the Crime of Swindling in Contract

The crime of swindling in contract refers to the behavior that regards occupying illegally as object, in signing, fulfilling the contract, adopts false fact or method that suppress the truth , defrauds greater number property of the other side in signing, fulfilling the contract. In term of investigating, the characteristics of the crime are mainly as follows, first , the involving exists with other many kinds of criminal offences while taking place in criminal offence; Second , having changeability in the course of determining the nature in the case ; Third, having difficulties in distinguishing with the dispute of the contract while asserting case nature. In recent years, the crime appears new crime trend , such as the rate of the taking place remains high, the amount of money involved in the case is stable with a slight decline; fleeing hither and thither are outstanding day by day. In term of the characteristic of the crime, attacking should be strengthened correctly, every precautionary measures should be perfected, the local protectionism should be dispelled and the cooperation should be strengthened, then the investigation team with high-quality and strong fighting capacity can be set up.