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合同纠纷与合同诈骗罪的区分是一个十分复杂的问题,在合同纠纷中,有时是由民事欺诈引起的,有时合同当事人没有实施欺诈行为,当事人存在争议或由于发生不可抗力等事由,而引起经济纠纷。实践中,主要是民事欺诈引起的经济纠纷与合同诈骗罪难以区分。笔者认为,此问题虽然难以区分,由于这种区分涉及罪与非罪,故实在有认真研究之必要。
The distinction between contractual disputes and contractual fraud is a very complex issue. In contractual disputes, civil fraud is sometimes caused, and sometimes the parties to the contract do not commit fraud, the parties are in dispute or due to force majeure and other causes of economic disputes . In practice, it is difficult to distinguish between economic disputes mainly caused by civil fraud and contract fraud. The author believes that although it is difficult to distinguish this issue, since such distinction involves crimes and non-crimes, it is really necessary for a careful study.