论合同诈骗罪的合同

On the Contract in the Crime of Contract Fraud

合同诈骗罪的合同是指被犯罪行为人利用,以骗取他人财物,而且扰乱市场秩序的合同。它是刑法意义上的合同,是以财产为内容的、体现了合同当事人之间财产关系的财产合同。合同诈骗罪合同的外延包括大部分存在于市场活动中的民事合同、劳动合同,口头形式等非书面形式合同也可以成为合同诈骗罪的合同;行政合同不能成为合同诈骗罪的合同。

The contract in the crime of contract fraud refers to those used by the criminal to defraud money and property of other persons, resulting in the disorder of the market economy. Such a contract is criminal contract, of which the major content is about property, that images the property relationship between the contract parties. The extension of this kind of contract involves the majority of the civil contract and employment contract existing in the market. Apart from written contracts, oral ones could also be dealt with as the contract in the crime of contract fraud, however, the administrative contract cannot be included into the sphere.