Study Of The Subjective Purpose Of The Contract Fraud

Crime of contractual fraud is of oblichtsdelikete, i.e. offence to intent, in which the intent of illegal possession is the essential subjective element that is very important in distinguishing the crime and non-crime. In case the actor has no subjective intent of illegal possession of other's property, the non-performance of contract or the non-payment of outstanding debt is due to various object reasons, the actor shouldn't be punished for a crime of contractual fraud. How to understand and determine the intent of illegal possession in the crime of contractual fraud, therefore, is an important topic for criminal law theory and in practical sector.The dissertation constitutes four parts. The introduction briefly educes the significance of the "intent of illegal possession" in the crime of contractual fraud for determination of the crime or non-crime and such crime or that crime, and its complexity in judicial practice. Part I is the concept of the "intent of illegal possession" in the crime of contractual fraud. It first looks through and analyses the various theoretical disputes in respect of the "intent of illegal possession" in the crime of contractual fraud both in China and abroad, and further gives a scientific boundary of the "intent of illegal possession" in the crime of contractual fraud. The author set forth his own opinion on how to correctly understand the subjective purpose of the very crime. Part II studies the time when the subjective purpose of the crime of contractual fraud occurs. It mainly expounds the concept and the significance for study of the time when the "illegal possession intent" occurs. The part then provides a detailed analysis and discussion on the relationship between the time when the intent occurs and crimination. Part III is the judicial determination of the subjective intent of the crime of contractual fraud. Aiming at the bewilderment existing in the determination of "illegal possession intent" of the crime of contractual fraud in judicial practices, the author put forward a concrete method and a standard of judicial determination. The necessity, feasibility, and concrete applied rules of the criminal judicial presumption are discussed in the part of determination method while in the determination standard, the author combs and analyses the various theoretical arguments in respect of the determination standard of the "illegal possession intent",...