Vigilance Contract

Some people believe that different forms of contracts have differences in the degree of difficulty in proving evidence in civil and criminal proceedings.

Therefore, from the perspective of objective visibility of evidence, although oral contract is one of the forms of contract, it should not be included in the form of "contract" of contract fraud.

The author thinks that only because of the objective visibility of the evidence, it is unreasonable to exclude the oral contract from the crime of contract fraud.

Because: 1. from the evidence point of view, the objective visibility of oral contract evidence is indeed poor, but it is not entirely impossible to confirm.

If there are many witnesses, it can be fully proved.

2. in our past, oral contracts were excluded from the scope of contract.

However, after the formal promulgation of the contract law in 1999, the oral contract has clearly become one of the forms of contract. The concept of the contract involved in the crime of contract fraud should naturally change as well.

3. the crime of contract fraud is itself separated from the crime of fraud.

The object of contract fraud is not only the ownership of public and private property, but also the order of market economy.

Because signing and fulfilling the contract is not only an important form of commodity exchange, but also an important guarantee for maintaining the order of market economy.

In the process of signing and fulfilling the contract, taking the method of fabricating facts or hiding the truth, swindling the property of the other party, not only violates the ownership of the public and private property, but also directly undermines the state's management system of the contract.

The object of fraud is only the ownership of public and private property. If the oral contract is excluded from the contract form of contract fraud, it seems that it is not logical that the oral contract is not within the scope of the state's management system of the contract.

Therefore, the author believes that as long as evidence can be confirmed, oral contracts should become the form of contract fraud.