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Crime of Contract Fraud Under Laws of China

posted 3 years ago

Most of the time, it’s a good experience to have a deal with Chinese companies, as China is one of the biggest markets in the world and produces goods with high quality and a cheaper price.

However, when it comes to a dispute with a Chinese company, you should know how to safeguard your rights according to the laws of China. Apart from the civil and commercial proceedings to resolve a controversy, there are also criminal remedies which may help you when it’s hard to do a normal civil or criminal lawsuit. Here below I introduce one of the provisions of China Criminal Law: the crime of contract fraud.

Contract fraud is when an individual or company cheats another’s property by way of signing or performing contracts, and with the intention of illegal possession.

Firstly the defendant has cheated the counterparty with deliberation, having the intention of illegal possession.

Secondly the defendant has the behaviour of cheating in the method of concealing facts who:

  • Sign or perform contract in the name of a fake company or fraudulent use of others’ name.
  • Provide security by forgery, falsified, or annulled cheque or other fake property rights.
  • Without the ability for fulfilment, induce victims to sign or perform contracts by executing a contract of small value or partial performance.
  • Escape away and hide after receiving a counterparty’s payment, goods, down payment or secure property.
  • Cheat to get property and money by other methods.

Thirdly the victim is cheated for a large amount.

The defendant should be sentenced to an imprisonment of no more than three years, or criminal detention, and/or fine, if the amount involved is large; the defendant should be sentenced to an imprisonment of no less than three years but no more than ten years, plus a fine, if the amount involved is huge or there is some other severe circumstances; the defendant should be sentenced to an imprisonment of not less than ten years, or life imprisonment, plus fine or confiscation of property.

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