The Research On “Purpose Of Illegal Possession” In Contractual Fraud

The purpose of illegal possession is the component of contractual fraud.However, the law of our country has not stipulated the connotation of the purpose of illegal possession. There are many different perspectives in the theoretical study and judicial justice practice. In addition, few academic study and discuss the purpose of illegal possession of contract fraud. Therefore, the writer considers it is necessary to eliminate the theory on the illegal possession purpose of contract systematically and deeply.This paper mainly explores the following questions: Firstly, the specific connotation of illegal possession purpose of contractual fraud. Based on the characteristics of the crime of fraud of the contract itself is to define the specific connotation. Secondly, the current judicial determination of illegal possession purpose of contractual fraud. Criminal presumption in current judicial practice is mainly adopted in our country to identify the purpose of illegal possession.The first part mainly is raise of question, including the problem specific connotation. The current academic circles do not have a unified understanding of its connotation. The writer put forward the defects of illegal possession intent of the judicial presumption to explain the meaning and the purpose of this research.The second part is the analysis of the specific connotation and definition of Purpose of illegal possession of contract fraud. This part adopts comparison method to detailed inquiry the understanding of the purpose of illegal possession in criminal law theoretical circle both at home and abroad. There are two core issues. The purpose of illegal possession is limited to the permanent or not. In the practice of "fool" type of contract fraud is controversial. "The purpose of illegal possession" is limited to simple control or not. Is it Include the use of punishment or the content of the profit? The purpose of illegal possession should embody the mental attitude. Actor hopes basic consideration or without consideration to defraud property to make property in others in fact deprived of or denied the reality of the danger. The actor consider others property as their own property for use.The third part analyzes "The purpose of illegal possession" the status of constitutive requirements of the crime problem. About the purpose of the status of illegal possession in criminal constitutive requirements, the author is mainly from its own nature and the relationship between it and the crime intentionally to delve into the debate. The writer considers that five legal objective behaviors prove behavior person has the objective elements of "the purpose of illegal possession", not only, sufficient conditions.The forth part analyzes the current judicial determination and status of the purpose of illegal possession in our country. The judicial presumption itself has the shortage of the presumption of the subjective purpose. Judicial officers must combine besides behavior of other objective factors to determine the "purpose of illegal possession", including the ability to perform the contract for the person, disposal of the victim property and contract conditions etc. However, Academics rarely analysis that how to comprehensive analysis identified, there are no presumption put forward specific methods or procedures to have "the purpose of illegal possession".The fifth part is that "Purpose of illegal possession of contract fraud" improving Suggestions judicial recognition of the status. This paper discusses the use of judicial presumption of certificate path theory. Judicial officers must build and follow certain rules or guidelines. At the same time, Specific identifying rules and methods are put forward. Considering case for "the purpose of illegal possession" has the effect of all kinds of basic facts. Judicial officers should take right steps to identify the purpose of illegal possession. All in all, the writer hopes it will be of great significance for the judicial practice.