合同诈骗罪与诈骗罪的比较研究

Comparison and Research on the Crime of Contract Fraud and Fraud

随着社会市场经济的发展,作为社会经济活动的主体,合同关系在市场经济往来中起着至关重要的作用,而利用合同在签订和履行的过程中实施的诈骗行为也有愈演愈烈之势,鉴于经济活动的复杂性和多样性,诈骗犯罪也在实践活动中变得极为复杂,因此,在认定诈骗类犯罪过程中,其客观上很难对诈骗类犯罪进行此罪与彼罪的区分。通过比较合同诈骗罪与诈骗罪的立法意图、法律构成要件,可以进一步区分合同诈骗罪与诈骗罪。

With the development of social market economy, as the main body of social and economic activities, the contractual relationship plays a vital role in market economy. Implementation of t^raud in the use of contract exe- cution and performance is also getting worse. Because of the complexity and diversity of economic activities, fraud practice also become extremely complex. In the process of determining the crime of fraud, it is difficult for the objective of the crime of fraud and the distinction between this crime and the crime. This paper compares the legislative intentions and legal constituent elements of crime of contract fraud and fraud. contract fraud and fraud, and further distinguishes the crime of contract fraud and fraud.