1. If contract fraud is involved, you can report it to the public security organ.
2. After receiving the deposit, if the party receiving the deposit fails to deliver the goods, it is a breach of contract, and the recipient may be required to double the deposit.
3, the law stipulates that:
People's Republic of China (PRC) Civil Code
Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
Criminal Procedure Law of the People's Republic of China
Article 110 Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Second, what are the constitutive elements of the crime of contract fraud?
The so-called fraud is to deliberately conceal the true situation or deliberately inform the other party of the false situation, deceive the other party, and induce the other party to make a wrong expression of intention and conclude a contract with it. There are many kinds of fraud, for example, selling fake and inferior products, providing false commodity descriptions, and signing contracts with foreign countries to defraud deposits or payment for goods without the ability to perform. Fraud has the following elements:
1. The fraudster has fraudulent intent. That is, the fraudster knows that the information told to the other party is false, which will make the other party fall into a mistake and still do so. The intention of fraud includes not only that the fraudster has the purpose of making himself gain benefits, but also that a third person gains benefits and another person suffers losses.
There must be cheating on each other. The so-called fraud refers to the act of fraudsters deliberately expressing their fraud to the outside world, which can be positive or negative. In practice, fraud can be divided into fraud that deliberately states false facts and fraud that deliberately conceals the real situation and makes others fall into mistakes. Deliberately saying that false information is false statement, for example, inferior products are high-quality products; Deliberately concealing the truth means that the actor has the obligation to tell the truth to the other party and deliberately refuses to tell it.
As a result of fraud, the fraudster signed the contract. Only when fraud makes others fall into a mistake and others sign a contract against their true will because of this mistake can it constitute a fraudulent contract.
The above knowledge is Bian Xiao's answer to relevant legal questions. After receiving the deposit, the party who receives the deposit does not deliver the goods, which is a breach of contract and can require the recipient to return the deposit twice. If contract fraud is involved, you can report it to the public security organ. If you need legal help, readers can continue to consult and have a professional lawyer to answer your questions.