合同诈骗罪与票据诈骗罪辨析

Analysis on Crime of Contract Fraud and Crime of Bill Fraud

作为诈骗犯罪的特殊形式,合同诈骗罪与票据诈骗罪在司法实践中很容易混淆。对两罪的区分应从各自的犯罪构成入手,通过对比分析找出两罪的相似点和不同之处,揭示两者的法理关系。然后提出合同诈骗罪与票据诈骗罪竞合时的处理原则,希冀对司法实践有所帮助。

As a special form of Fraud Crime, Contract Fraud and Bill Fraud are very easy to mix up in judicial practice. To make the distinction between Contract Fraud and Bill Fraud should start with their own crime constitutive elements. In this article, through comparative analysis , find out the similarities and differences between the two crimes and reveal their legal relationship. Then the article puts forward the principles of management when contract crime of fraud and crime of bill fraud compete and cooperate, and hope to be helpful to the judicial practice.