论合同诈骗罪的若干问题

合同诈骗是从普通罪中分裂出来的新型经济犯罪 ,它在具备了普通诈骗罪的一些共性特征外 ,在侵犯的客体、利用的工具、行为方式等方面具有自身的个性。合同诈骗的客体是公私财产权利和市场交易秩序及法治秩序 ;犯罪对象除财物外 ,还应包括财产性利益 ;作为诈骗工具的“合同”应当是具有规范市场行为性质的合同 ,包括口头合同 ;非法占有的故意是直接故意 ,可结合客观行为进行推定。

A Certain Number of Problems on the Crime of Defrauding i Contracts

The defraudinf in a contract is a newly-kind of economican crime which splity up from the common crime of defrautin.It has the same characters as it does in common defrauding crime,which also has its own individual characters such as violating the objects,using the implement and ways of acting.The object of defrauding a contract is about the right of public and private property,sequence on law and market trading.The motivation of being criminal should include property profits in addition to property.The "contract" for defrauding should have some nature about market,including the verbal contract.However,the illegal occupation is on purpose,which can be inferred by the objective behavior.This crime and finacial defrauding is something combining with te rules of law.