我国刑法规定了合同诈骗罪,其发生在合同签订、履行过程中,这是它区别于一般诈骗罪的特征。其结果往往导致一方失去对自己财物的控制或是转移财物所有权给对方而无法从对方那获得对待给付。在司法实践中,由于合同诈骗行为和民事违约行为在外观上均表现为合同当事人一方从对方获取利益却没有向对方履行相应的给付义务,故在认定合同诈骗过程中,往往容易和一般的民事违约行为相混淆。 China’s criminal law provides for contract fraud, which occurred in the contract, the performance process, which is different from the general characteristics of fraud. The result often results in one party losing control of one’s belongings or transferring ownership of the property to the other and can not be treated and paid from the other party. In the judicial practice, because the contract fraud and the civil default behave in appearance, one of the parties to the contract obtains the interest from the other without fulfilling the corresponding obligation of payment to the other party. Therefore, in the process of determining the contract fraud, it is often easy and common for the civil Conflicts of default.