涉合同诈骗行为的罪名认定问题探究

Investigation into the Issue of the Determination of Crimes Involving Contract Fraud

摘要: 随着犯罪手段的丰富和经济活动的活跃，实践中出现利用合同实施诈骗的行为，对这类行为准确定性具有实际意义，主要涉及诈骗罪和合同诈骗罪的界限问题。合同诈骗罪与诈骗罪的核心区别在于二者侵犯的法益不同，在审理过程中首先需要从客观上评定是否扰乱了市场秩序；其次，二者的行为表现形式不同，合同诈骗罪必须发生在签订、履行合同过程中，并且是利用合同作为诈骗手段，若非利用合同，即便是发生在签订、履行合同过程中的行为，只能认定为诈骗罪；在诈骗行为发生的时间认定上，既包括前期的合同协商过程也包括后续的赔偿和纠纷解决过程，只要是基于合同内容交付的款项，均可以认定为合同诈骗罪。

Abstract: With the enrichment of criminal means and the activity of economic activities, the use of contracts to commit fraud has emerged in practice, which is of practical significance for the accuracy of such acts, mainly involving the boundary between the crime of fraud and the crime of contract fraud. The core difference between the crime of contract fraud and the crime of fraud is that the legal interests infringed by the two are different, and in the process of trial, it is first necessary to objectively assess whether it has disrupted the market order; secondly, the two acts manifest themselves differently, the crime of contract fraud must occur in the process of signing and performing the contract, and it is the use of the contract as a means of fraud, if the contract is not used, even if it occurs in the process of signing and performing the contract, it can only be regarded as the crime of fraud; in determining the time of occurrence of fraud, including both the previous contract negotiation process and the subsequent compensation and dispute res-olution process, as long as the payment is based on the content of the contract, it can be regarded as the crime of contract fraud.