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The Study Of Illegal Possession Purpose Of Contractual Fraud

Posted on:2013-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:X F FengFull Text:PDF
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According to the provisions of section224of the Criminal law, the subjective aspects of the contract fraud must contain the illegal possession purpose. There are many difficulties in understanding and identificating the illegal possession purpose of contract fraud in the theoretical study and judicial practice. Because of the cases in Contract fraud are very different, the perpetrator’s purpose of illegal possession is extremely hidden and complex, therefore, I consider it’s necessary to eliminate the theory on the illegal possession purpose of contract fraud Systematically and deeply, for the purpose of eliminating the theoretical disputes and differences and Clarifing the judicial practice’s confusion.This article are divided into three parts for introducting the illegal possession purpose of contract fraud.The first chapter, introducing typical cases and disputes. The author cited three cases for drawing out the paper’s theme and the focal disputes of the case.Firstly, contrasting the possession of criminal law and civil law. As there exsits different understandings and conprehensions which result several controversis, for the meaning of illegal possession purpose in the theory and practice, especially for the understanding of "possession". In order to clear the illegal possession purpose of contract fraud’s meaning, we must understand the meaning of possession in the civil law and criminal law first.The author try to find their similarities and differences by elaborating the meaning of the civil and criminal law. Secondly, the author introduces the theoretical doctrines of illegal possession purpose beteew the Grand law, common law and our country’s law, and analysis some of the worth learning perspectives. Finally, defining the meaning of the illegal possession purpose:That is, the purpose of illegal possession is the perpetrator attempt to obtaining other people’s property ownership and excluding the owner’s property rights permanently and illegally, and following the purpose of the property’s using for dispostion. The first fourth section describes the reflection of our country’s law and relevant judicial explanation about the illegal possession purpose of judicial cognizance, for seeking legislative basis of it.The second chapter is about three typical cases of contract fraud in the judicial practice, for extracting the use of presumption in the identification of the illegal possession purpose.The third chapter presents the opinions and measures, as how to define the illegal possession purpose of Contractual Fraud, the author puts forward his own ideas and analyses the three cases in the first chapter.
Keywords/Search Tags:The crime of contract fraud, The purpose of illegal possession Judicial determination, Criminal presumption
PDF Full Text Request
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