The Judicial Determination On The Contract Fraud Of "illegal Possession Of Purpose"

Contract fraud is the illegal possession of the essential features of the use of economic contracts for the head cheat other people's property. In the French section, illegal possession of other people's property is the contract the guilt of the elements of fraud offenders, illegal possession of the purpose of criminal intent independent of a subjective element of mind is in excess of the elements that constitute the subjective element, only objective factors is not enough to constitute a crime,for the purpose of specific provisions, and must specifically identify.Any action is the unity of subjective and objective, are affected by human consciousness and will dominate the next, in chronological order, it is, first, subjective and objective behavior conscious again. Theory of criminal law that:the purpose of committing the aim is "more than subjective elements" or "more than the inner tendencies",that is the purpose of committing the act's purpose is a subjective mental element of behavior exists in people's hearts. Therefore, the subjective purpose of the proof of the perpetrator's confession can not be for the transfer, that person's statements can not act based on the subjective purpose of the proof should be established on the basis of objective facts. To this end, we must use of the presumptive method, according to an objective fact that the perpetrator be inferred the existence of subjective purpose.Of illegal possession of a contract should identify the purpose of fraud in the Context of a comprehensive study and explore the meaning and nature of illegal possession of property. Contract fraud "possession" of the occupation and the civil law is the child with the parent item of tolerance relations, but specifically to "illegal possession of purpose" concept, its meaning is indeed the same. Contract fraud in the Context of illegal possession of the aim should be:to deceive method to other people's property under the control of the transfer to their own desires to rule out the person in possession to achieve practical control over the results of the "blocking" of, to property owners of self-rescue is not possible or civil relief can not be achieved; and to comply with the use of property may have to be preserved, use, gains or disposition. The purpose of the core elements of illegal possession by the "authority to exclude" and "the interests of access",as long as these two elements have reached an "illegal possession of purpose".