合同欺诈问题研究.doc

合同欺诈问题研究 [中文摘要] 随着我国社会主义市场经济的发展，利用合同进行欺诈的案件越来越多，欺诈的标的越来越大，这种违法乃至犯罪行为，给市场经济的发展带来了灾难性的后果。《 《《合同欺诈行为产生的原因是多方面的，单靠并不能从根本上解决问题，只有合同欺诈进行综合，才能从根本上遏制合同欺诈，促进市场经济的发展。[关键词]欺诈，合同欺诈，合同诈骗The Problem of Contract Fraud Research Abstract Author:Duanlian Supervisor：Jianghui Along with the development of the our country socialism market economy, make use of the case that contract proceed double-tongued more and more．Ｔhe double-tongued object is increasingly, this kind of break the law is to criminal offence, the development for market economy brought the disaster result．Our country cheats the behavior at the scathing stroke, making the very big effort on the social economic safe lawmaking in positive maintenance．For example，Our country “Ｃontract”method the 52 regulation rules settle：“either party enters into contract by means of fraud or coercion and impairs the State’s interests, the contract is invalid.” Also “Contract” method the 54 rules settle：“ Where a party makes the other party enter into a contract against its true will by means of deceit，coercion or taking advantage of its difficulties , the injured party has the right to request a people’s court or an arbitration institution to alter or rescind the contract .”According to our country “Pertaining to crime law?then a section a the public order offense part to deceive offense contain clear and definite provisionc. The contract cheats the reason of the behavior creation is various, single depend the lawmaking now and cant solve problem by the root, only have the concept to cheat to contract, kind, constitute, law duty and other law relation etc. various factor, proceed synthesize the analysis, then can suppress by the root the contract cheat, promoting the development of the market economy. This text commences to analyze from the realistic civil case typical model case example the contract cheats the phenomenon, putting forward the some the method of solution. [Key words] Fraud, The contract fraud, The contract deceives 目录 一、