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On Illegal Possession Purpose Of The Contract Fraud Identified

Posted on:2014-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WengFull Text:PDF
GTID:2256330401980601Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As an Important statutory subjective components of elements of Crime of Contract Fraud,theillegal possession for the purpose has been received special attention from the theoretical and practicalcircles. to its identified is the theory and practice communities are fraying. Because in theory there arecountless myths and confusion, to practice on it all there is a fierce controversy and judicialdetermination of confusion; Specifically speaking, that is, entity surviving purpose and behavior isWhat the relationship between awareness and prove it on the program is have a fierce controversy,either methodological or teleology, there are too rough mechanical abuse. Strict sub-sector on the basisof the facts and legal issues,"finds" contains two meanings of the word, the purpose of illegalpossession with five objective patterns of behavior of this crime between the relationship, which is a thescope of legal issues, in line with the "finds" the meaning of the first layer; procedure of howcircumstantial evidence to infer purpose of illegal possession of this crime, by exploring at the sametime, negating the many entities law has consistently adhered to by the "presumption reduce the point ofview of the standard of proof, and clarifies scholars have long not standardized use the "presumption" ofthe concept. This is the scope of the questions of fact, in line with the second meaning of the word"deemed".The paper is divided into five parts, as follows:The first part, the author described in the basic purpose of illegal possession of the criminal law, and thetwo meanings of the word”deemed" exposition of this paper. In the second part of the article, theauthor will make a necessary distinction between the factual and legal issues, Clarifying two wordingmainline in the meaning of this article, Distinguish exploring issues related to different methodologicalissues between the two areas of fact and law. The third part,the author focuses on the purpose of illegalpossession of this crime on the substantive law, and legal issues related in the sense of this article. In thefourth section, from the point of view of procedural law, to explore how to achieve the purpose ofillegal possession identified by indirect proof of the fact-finding method, that is, from the programdiscusses the purpose of illegal possession of this crime, the fact that issues identified, belonging to thescope of the fact issue is solved. The last part, I summarize the relevant parts of the discussion, draw theconclusions of this study.
Keywords/Search Tags:Purpose of illegal possession, Objective behaviors, Contract fraud, subjective elements
PDF Full Text Request
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