100 criminal cases arising from contracts

1. In any of the following circumstances, where the other party's property is defrauded in the course of signing or performing a contract for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention and/or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Having no actual ability to perform, and inducing the other party to continue to sign and perform the contract by first performing a small contract or partially performing the contract;

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) Obtaining the property of the other party by other means.

2. In any of the following circumstances, where a bank or other financial institution is defrauded of a loan for the purpose of illegal possession, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Fabricating false reasons for the introduction of funds, projects, etc.;

2) The use of false economic contracts;

3) Using false supporting documents;

4) Using false property rights certificates as collateral or repeating collateral in excess of the value of the collateral;

5) Fraudulently borrowing by other means.

Article 167 of the Crime of Dereliction of Duty and Deception in Signing or Performing Contracts: Where a person in charge of a state-owned company, enterprise, or public institution who is directly responsible is defrauded due to serious irresponsibility in the course of signing or performing a contract, causing major losses to the interests of the state, shall be sentenced to fixed-term imprisonment of three years or short-term detention; and where the interests of the state suffer especially heavy losses, the sentence is to be three years or not more than seven years imprisonment.

IV. The Crime of Dereliction of Duty and Deception in Signing or Performing Contracts by State Organ Functionaries Article 406: Where in the course of signing or performing a contract, a state organ employee is defrauded due to serious irresponsibility, causing major losses to the interests of the state, he shall be sentenced to up to three years imprisonment or short-term detention; and where the interests of the state are particularly seriously harmed, a sentence of between three and seven years imprisonment is to be given.

Legal Analysis: Contract disputes are not criminal cases, but civil cases. Generally speaking, civil cases are private prosecution cases, that is, as long as you do not take the initiative to go to the court to investigate the responsibility of the other party, the judicial authorities will not take the initiative to intervene, and the responsibility borne by the completion of the book is civil liability.

Legal basis: Civil Code of the People's Republic of China

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws of the state governing such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Contract disputes are not criminal cases, but civil cases. Generally speaking, civil cases are private prosecution cases, that is, as long as you do not take the initiative to go to the court to investigate the responsibility of the other party, the judicial authorities will not take the initiative to intervene, and the responsibility borne is civil liability.

[Legal basis].

Article 464 of the Civil Code A contract is an agreement between civil wheels or entities to establish, modify or terminate civil legal relations. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature. Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 224 of the crime of contract fraud has any of the following circumstances, where, for the purpose of illegal possession, in the course of signing or performing a contract, the other party's property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or where a fine is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given:

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract.

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) Obtaining the property of the other party by other means.

2. Article 193 of the Crime of Loan Fraud: In any of the following circumstances, where a bank or other financial institution is defrauded of a loan for the purpose of illegal possession, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of 20,000 yuan to 200,000 yuan is to be given, and where there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given, and where a fine of between 50,000 and 500,000 yuan is given, or where there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given. and a fine of between 50,000 and 500,000 RMB or confiscation of property

1) Fabricating false reasons for the introduction of funds, projects, etc.;

2) The use of false economic contracts;

3) Using false supporting documents;

4) Using false property rights certificates as collateral or repeating collateral in excess of the value of the collateral;

5) Fraudulently borrowing by other means.

Article 167 of the Crime of Dereliction of Duty and Deception in Signing or Performing Contracts: Where a person in charge of a state-owned company, enterprise, or public institution who is directly responsible is defrauded in the course of signing or performing a contract due to serious irresponsibility, causing major losses to the national interest, shall be sentenced to fixed-term imprisonment of not more than three years but not more than three years or short-term detention causing especially heavy losses to the national interest.

IV. The Crime of Dereliction of Duty and Deception in Signing or Performing Contracts by State Organ Functionaries Article 406: Where in the course of signing or performing a contract, a state organ functionary is defrauded or defrauded due to serious irresponsibility, causing major losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not more than three years, or where detention for nuclear service causes particularly heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.