People's performance ability can be divided into three situations: full performance ability, partial performance ability and no performance ability, which should be determined according to different situations:
1, fully capable of performing the contract, but the actor failed to perform any obligation from beginning to end, and made the other party unilaterally perform the contract by deception and took possession of the other party's property, which should be considered as the crime of contract fraud;
2, with full performance ability, but only some actors, if the purpose of incomplete performance is to breach the contract or avoid their own losses or caused by inevitable objective reasons, it should be considered as civil fraud; If part of its performance is to induce the other party to continue to perform, so as to occupy the other party's property, it should be recognized as the crime of contract fraud;
3. With partial performance ability, but the actor failed to perform the behavior from beginning to end, and made the other party unilaterally perform the contract by deception, and took possession of the other party's property, which should be recognized as the crime of contract fraud;
4. Having partial performance ability and positive performance behavior at the same time, even if the final contract is not fully performed or not fully performed, it should be considered as civil fraud; However, if the actor's performance behavior is not to undertake contractual obligations, but to induce the other party to continue to perform the contract, thus occupying the other party's property, it should be considered as contract fraud;
5. If you don't have the ability to perform when signing the contract, but you still don't have the ability afterwards, you still cheat the other party and take possession of the other party's property, which should be considered as contract fraud;
6, when signing a contract, but after all kinds of efforts, have the ability to perform, and have a positive performance behavior, regardless of whether the contract can be fully performed in the end, it only constitutes civil fraud.
Compensation for contract fraud is as follows:
1. If the fraudulent party requests to confirm that the contract is invalid, the fraudulent party shall return the property obtained as a result of the act;
2. If the acquired property cannot be returned, it shall be compensated at a discount;
3. The fraudster also needs to compensate the losses suffered by the fraudster;
4. If the crime of contract fraud is constituted, the defrauded party may file an incidental civil lawsuit with the court, demanding compensation from the defrauded party, and the amount of compensation shall be limited to the actual losses caused.
Legal basis:
Criminal law of the people's Republic of China
Article 224
In the process of signing and performing a contract, whoever, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
1. Sign a contract in the name of a fictitious unit or others;
2, forged, altered, invalid bills or other false proof of property rights as a guarantee;
3. Without actual performance ability, first perform the small contract or part of the contract to trick the other party into continuing to sign and perform the contract;
4. Escape after receiving goods, money, advance payment or secured property from the other party;
5. defrauding the other party's property by other means.