Contract Fraud, Illegal Possession Of The Purpose Of Research

For carrying out the principle of a legally prescribed punishment for a specified crime, the new penal code prescribed definitely "for the purpose of illegal possession" in the crime of contractual fraud. The existing meaning of it lies in the embodiment of the actor's social harmfulness and the distinction between different crimes. 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 thesis consists of three parts:Introduction:It briefly seduces 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.The main body of this thesis is composed of three chapters:Chapter One: 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 and further gives a scientific boundary of the "intent of illegal possession" in the crime of contractual fraud. This article adopts "illegal possession theory", which means predominating, using, gaining, dealing with the property of the opposing party illegally by contractual fraud. Thereupon, illegal possession violating the other's ownership practically comes into being. it is known from illegal occupation, for the latter violates the right of exploitation. However, illegal occupation sometimes can convert into illegal possession.Chapter Two: The study of the time of the occurrence of the subjective purpose of the crime of contractual fraud. It first looks through and analyses the various theoretical disputes in respect of the "the time of intent of illegal possession" in the crime of contractual fraud, and further gives a scientific boundary. The author argue that the intent of illegal possession in the crime of contractual fraud can precede the signing of the contract, appear in the time of signing the contract, or happen before the fulfillment of the contract and even arise in the period of fulfillment of the contract. In the light of the different stages in the period of signing the contract, the author analyzes the time of the appearance of the intent of illegal possession in the crime of contractual fraud according to different cases.Chapter Three: 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 puts forward a concrete method and a standard of judicial determination. It's critital for deciding to make judicial presumption, which needs finding out essential fact, making subject according with object, allowing and regarding the disproval of defendant, analyzing the case material in an all-rounded way without any bias. The author combs and analyses the various theoretical arguments in respect of the determination standard of the"illegal possession intent",and puts forward a determination standard of comprehensive consideration and complete analysis and some concrete judicial determination elements on the basis of the discussion. It is divided into six parts: Firstly, to ascertain whether the actor has the ability of fulfilling a contract in its concluding and performing; secondly to ascertain whether the actor has the act of cheating in concluding and performing a contract; thirdly to ascertain whether the actor had the practical act of fulfilling a contract;fourthly to ascertain the cause of breach of contract; fifthly to ascertain whether the actor adopted remedial measure afterward or was really willing to take the liabilities for breach of contract; sixly to ascertain the direction of the property.Conclusion: Summarize the whole paper.