On June 4, 2025, Mr. Wang Jiaming, a partner of Beijing King&Capital Law Firm, was invited by the Law Department of the College of Applied Arts and Sciences of Beijing Union University to give an informative and wonderful lecture to the master's degree students of the College of Law with the topic of “Legal Practice Issues of Contract Fraud”. The lecture was hosted by Ms. Li Xiaoli, the master's supervisor of the Law School of Beijing Union University.
Wang Jiaming lawyers around the contract fraud along the citation of the law, illegal possession of the purpose of the determination of the difficulties, criminal and civil cross-disputes and other core issues in-depth discussion, combined with a typical case analysis of the current judicial practice of the contract fraud cases of chaos and the solution to the path.
Wang Jiaming pointed out that “illegal possession purpose” is the key to distinguish between crime and non-crime of contract fraud, and that in the current economic crimes, the perpetrators often cover up the fraudulent intent through the apparently legal commercial activities, making the determination of illegal possession purpose highly dependent on the presumption of facts. Wang Jiaming lawyers for the drafting of the agreement was found to be an accomplice in the “Duan lawyer case”, the customer forged bill of lading behavior and did not know, and ultimately triggered the wrongful death controversy of the case deduction, explored part of the current cases involving contract fraud due to insufficient evidence or interest-driven, there is an “objective attribution of guilt The risk of “objective imputation”. At the same time, she also warned the students that lawyers must fulfill the obligation of basic verification and remain vigilant about the authenticity of the materials provided by clients.
The current law on contract fraud “illegal possession of the purpose” of the determination of the vague standards, Wang Jiaming lawyers put forward, should avoid the criminalization of civil breach of contract, to prevent the criminal law excessive interference in the commercial order, the judicial practice needs to be combined with the fraudulent means of the overall situation and the core of the facts for a comprehensive judgment, to avoid ordinary breach of contract elevated to a criminal offense.
Compared with the “nie shubin case, zhang's uncle and nephew case” and other typical, major cases of error, wang jiaming lawyer pointed out that, compared with the ordinary crime can be subversive through the dna, the real murderer reappearance and other evidence of correction, contract fraud case of controversy is focused on the application of the law level, correction of error is more difficult. In this regard, Mr. Wang took the “coke purchase and sale case” which was acquitted by Hebei Provincial High Court in 2019 as an example, and analyzed the six key dimensions of the contract fraud cases that were corrected and found to be not guilty, i.e., the subject qualification is true, the ability to perform the contract, the actual performance behavior, the justifiable reason for the breach of the contract, the failure to hide the property, and the positive attitude after the incident.
In the lecture, on the two major practical dilemmas in contract fraud cases, the demarcation between civil fraud and criminal fraud, Mr. Wang Jiaming interpreted the substantive issues of criminal-civilian crossover in terms of “mutual exclusion” and “parallelism”, which are two different perspectives in the practice, and the mutual exclusion holds that they are either one or the other, while parallelism considers that they are either one or the other. Mutually exclusive that the two are either one or the other, and parallelism that the same behavior constitutes civil fraud and criminal fraud, Wang Jiaming lawyer to “listed companies mergers and acquisitions” as an example, the seller inflated the performance of the valuation of the inflated, if the direct result of the purpose of the contract is empty (the acquirer's expected profits can not be achieved at all), may constitute a criminal fraud; if only some of the flaws in the financial data If only part of the financial data is flawed, and the fundamental purpose of the contract is not shaken, then it is more inclined to civil fraud.
The lecture was concluded in a warm interactive atmosphere. With his profound legal background and rich practical experience, Mr. Wang Jiaming drew out the hot issues of contract fraud cases and talked about them. Towards the end of the interaction, Wang Jiaming once again earnestly encouraged the students present to pay close attention to the “contract fraud cases” of cutting-edge practical issues, in the professional field of deep plowing and meticulous at the same time, and actively broaden the cross-disciplinary horizons, and constantly strengthen the ability to deal with the new composite legal disputes based on the ability to contribute to the development of the rule of law for the cause of the youthful strength of the vigorous development.