关于合同诈骗罪的数额标准评析

合同诈骗罪从普通诈骗罪中分离,其目的在于对利用合同实施诈骗的犯罪行为从重打击,其原因在于一般诈骗罪所侵犯的是公私财产所有权,而合同诈骗罪不仅侵犯了公司财产所有权,更侵犯了市场经济秩序和合同管理制度。然而,在两罪法定刑量刑幅度基本一致的情况下,司法解释和司法解释授权地方制定的合同诈骗罪"数额较大"、"数额巨大"的标准均高于一般诈骗罪的数额标准,导致司法实践中出现同一个合同诈骗行为依合同诈骗罪条款无罪或罪轻,依诈骗罪条款有罪或罪重的悖论。

On the Standard of the Amount of Money in Contract Fraud Case

Separating contract fraud from common crimes of fraud aims at severely cracking down such criminal behaviors, because the common crimes of fraud usually violate the public and private property owner- ship right, but contract fraud not only violate a company＇ s property ownership right, but also does great harm to the order of the market economy and the contract management system. However, while the punishments of the two kinds of criminal behaviors are basically identical, the standard of ＂relatively large amount＂ and ＂huge amount＂ in contract fraud case set by both judicial interpretation and local authority exceed the standard of eommon fraud crime. Consequently, in judicial practice, when a crime of fraud is treated as a contract fraud, it might be considered as ＂not guilty＂ or ＂minor offence＂, but the same criminal behavior, when being treated as a common fraud crime, might be considered as ＂guilty＂ or ＂heavy offence＂. According to my experience in handling precedent cases, the present study combines the basic criminal law theories and judicial practice, an- alyzes the standard of prosecution in contract fraud cases, and proposes new standard of amount in handling such cases.