What is the difference between contract fraud and contract fraud?

Contract fraud refers to the act of defrauding the other party's property by fabricating facts, concealing the truth and setting traps during the signing and performance of the contract for the purpose of illegal possession.

Contract fraud is an act of defrauding public and private property by means of concluding a contract and taking illegal possession as the purpose, using fictional facts or concealing the truth. Contract fraud is manifested in that one party to a contract deliberately fabricates false information or distorts and covers up the real situation in order to obtain illegal interests, so that the other party falls into a wrong understanding, and therefore makes an untrue expression of intention and concludes and performs the contract.

The difference between contract fraud and contract fraud

First, the subjective purpose is different.

In the crime of contract fraud, the actor's main purpose is to defraud the other party's property by means of the contract. The actor intends to obtain the property of the other party through the performance of the other party, but the obligation in no performance at all's contract is that the actor intends to possess the property of others for free.

In contract fraud, although the subjective purpose of the actor is to seek illegitimate or illegal benefits, the actor intends to realize such benefits through the performance of the contract. In order to obtain the interests of the other party, the actor intends to perform his obligations, but this performance is flawed. Generally speaking, actors still have to pay a certain price.

Second, the nature is different.

Contract fraud is a criminal act in which the actor defrauds other people's property for the purpose of causing losses to others while defrauding other people's property, thus violating the criminal law and should be punished. It belongs to the category of public law and is regulated by criminal law.

Contract fraud occurs in the contracting stage, and its consequences are caused by the performance of the contract, but it is only an act of expression of will, which makes the expression of will untrue because of its deception. This flawed expression of will belongs to the category of private law and is regulated by contract law.

Extended data

According to the Criminal Code of People's Republic of China (PRC)

Article 224 Contract fraud

Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

(1) Signing a contract in the name of a fictitious unit or others; ?

(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; ?

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; ?

(4) After receiving the payment for goods, advance payment or secured property paid by the other party; ?

(5) defrauding the other party's property by other means.

Contract law of the people's Republic of China

Article 52 Legal circumstances of an invalid contract

In any of the following circumstances, the contract is invalid:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state; ?

(2) Malicious collusion that harms the interests of the state, the collective or a third party; ?

(3) Covering up illegal purposes in a legal form; ?

(4) damaging the public interest; ?

(5) Violating the mandatory provisions of laws and administrative regulations.