法律并不能保护你英文
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Abstract
At present, our country is in an important period of social development. Dictated by the needs of economic development, the contract has already become an indispensable behavioral covenant in the economic arena. In order to ensure the sound development of market economy, the 1998 Criminal Law separates from common fraudulent crimes, according to the characteristics of both the subject of the fraudulent act and of its target, and the means resorted to in the act, certain crimes of a fraudulent nature that undermine the market economic order and incorporates them into a chapter entitled " crimes of undermining the economic order of the Socialist market". The crime of contractual fraud is one of such crimes.
[建议这里另起一段]
Starting with the concept of the crime of contractual fraud, this article gives a brief summary of the constituent elements and related features of the crime. While contractual disputes and the crime of contractual fraud share many similarities, they are different in nature. From a subjective perspective, the crime of contractual fraud is aimed at illegal possession of others’ property; it is not an economic act in the real sense of the word. The actor carries out his fraud through various economic contracts, which demonstrates great duplicity, avarice and harmfulness. Contractual fraud directly diminishes the property of the other party and infringes upon the latter’s ownership of his/her property. In the current trial practices, only when a clear distinction is correctly made of the existence or otherwise of the crime of contractual fraud and only when a comprehensive analysis is made of the objective behaviour of the actor as well as the consequences of the damage, can the right law be applied to combat such a crime and address in a timely manner any possible economic dispute so as to protect the legitimate rights and interests of the victim.
关健词:合同诈骗罪 构成 界限
Key words: crime of contractual fraud, constituent, distinction