关键词: 秩序法益; 合同诈骗; 交易主体; 自主参与自由

Abstract: The order law interest is an objective existence which cannot be ignored in the crime of contract fraud and has the independent function of distinguishing ordinary crime of fraud. Although the distinction between economic contract and personal exclusive contract， as well as the distinction between business subject and individual natural person， can provide a certain standard for the division of two crimes and the qualitative determination of “double-fraud” cases， it is only the induction of the type of extension of order law interest at the experience level， and cannot exclude counterproof existence. Starting from the market essence of “letting market subjects freely participate in market trading activities”， the core connotation of order law interest should be “the freedom of independent participation of market subjects in market trading activities”. In the specific application of the crime of contract fraud， “the victim's freedom of property disposal and the freedom of independent participation in market trading activities” should be specifically integrated into the judgment of constitutive elements， so as to give play to the limited function of the order law interest and avoid the practice of “contract requirements only becoming a mere formality”.

Key words: order law interest; contract fraud; trading entity; freedom of independent participation