The Crime Of Contract Fraud Purpose Of Illegal Possession

Contract fraud occurred frequently from2009to2012in Baiyin, of which Mr. Lin’s and Mr. Jia’s contract frauds are the most representative. According to the Article224of Criminal Law of PRC, contract fraud is a typical kind of the purported criminals, and the essential element of this kind of crime is for the purpose of illegal possession in subjective aspects. The writer think that in judicial practice such cases are difficult in how to identify the "purpose of illegal possession". and typically, the main focus of problems lies in when the purpose of illegal possession produce, if it must be generated in the course of signing the contract or even after signing, as well as how to judge behaviors like "rob Peter to pay Paul" and "borrow chickens lay eggs", which lead to difficulty in adoption of legal evidence and evidence cognizance. So this article obtains from two contract fraud cases, trying hard to interpret and analyze, in detail, the subjective purpose of illegal possession of contract fraud crime in a more comprehensive way. By taking it as the theme,writer hopes to offer some beneficial reference in judging the purpose of illegal possession of contract fraud cases in judicial practice. Furthermore, this is a prerequisite that you correctly understand the contract fraud crime. It’s also an important standard that you distinguish between "crime" and "not crime", between "this crime" and "that crime" reasonably.