Study On The Contract Fraud And The Purpose Of Illegal Possession

Choose a background:"of the wealth of the contract, the other half from the" enterprise or individual in the economic transaction of inevitable to often meet with the contract, along with the development of market economy, the market main body of the fair between more and more frequent, and criminals use contract implementation fraud detinue other property, and use of a contract the legal form to avoid law phenomenon more and more. The judicial authority accepts contract fraud case is a large increase. So in the judicial practice how to distinguish between the contract fraud and contract dispute behavior? Contract dispute attribute civil dispute and contract fraud belongs to the criminal, but more difficult to distinguish between both in theory and in practice is difficult, and handling the interference factors in the objective existence even for a perversion of the lawsuit against difficulties using, so that in judicial practice often occur windage. This case can say is a typical example. But if you can’t distinguish between these two kind of behavior, will have the evils:either the contract fraud qualitative for contract dispute behavior, but the crime; Or will contract dispute behavior for qualitative contract fraud, error to the criminal responsibility shall be investigated for the parties. So the correct defining the contract fraud and contract dispute behavior, making a clear distinction between the boundaries of both to accurately applicable laws, strictly grasp of contract fraud crime of crime and is not a crime, has to be of great theoretical and practical significance.According to the criminal law, contract law and other relevant laws and administrative regulations of the relevant provisions, and today the popular view academic reference, based in judicial practice, and combination of case, mainly to the crime of fraud of the contract that easy controversial with "the purpose of illegal possession" cognizance question, contract fraud cognizance question, has carried on the preliminary discussion, to help our correct that the crime of fraud of the contract, so as to help the judicial practice of this to grasp and determination, we want to solve the same problems this case play a reference, reference. The first part:basic facts and the disputes focus. Part2:this part according to a central issue of the contract fraud objective aspect of contract fraud cognizance of some analysis. Part3:the case of controversial focus two, to the contract fraud "the purpose of illegal possession" problem of the determination, the article analyzes the presumption of judicial practice "the purpose of illegal possession" standards. Part4: according to the relevant disputes over the analysis of legal theory and focus on Nancy contract fraud is reviewed.