On The Purpose Of Illegal Possession Of Contract Fraud

The purpose of illegal possession as the subjective elements of the crime of contract fraud is an important concept in criminal law.As the criminal’s actively pursuit purpose,The meaning of the existence of this concept not only indicates the degree of social harm of this behavior,but also it is the key to distinguish between crime and non-crime, this crime and other crime.In order to identify the crime of contract fraud,one of the key and difficult points of contract fraud that is how to identify the suspect’s subjective purpose of illegal possession.Therefore, how to understand and identify the purpose of illegal possession in theory has become the key in identifying the crime of contract fraud in practice. So,it has become an important issue faced by the theory of criminal law and the practice sector.At present, there are different academic opinions about the connotation of the purpose of illegal possession of the crime of contract fraud at home and abroad, and there is no unified standard of judicial cognizance for the purpose of illegal possession which leads to many different understanding and judgment in the judicial practice.The structure of this thesis is as follows:The quotation of this thesis briefly introduce that the purpose of illegal possession as the key in identifying the crime of fraud has the characteristics of secrecy,deceptive and complexity.It is difficult to perceive and judge,at the same time it shows the complexity of the judicial determination.This text is divided into three chapters.The first chapter take the case which have trigger multiple understanding because of the purpose of illegal possession as an example to elaborate, and then leads to the difficult point of identifying the purpose of illegal possession. At the same time, it define the concept of which has the similar concept of the purpose of illegal possession. The second chapter summarizes rules and theories of the purpose of illegal possession at home and abroad academic circles Based on full comparison and analysis,inspired from the above rules and the theory and then summary the identification of the purpose of illegal possession in the crime of contract fraud.The third chapter first proposed the establishment of the presumption of law of the contract fraud on illegal possession, and the addition of the crime of contract cheat with property, so as to improve our country’s law for the contract fraud crime.Secondly, the general and special forms of the illegal possession of the object are enumerated through a lot of real cases,clearly express the judicial cognizance standard about the crime of contract fraud by using the method of narrative and discussion.Finally, overview the general rules of criminal presumption principle of the purpose of illegal possession from the person’s ability in the performance of contract in these aspects,whether exist the behavior of fraud, whether perform the contract actually and how to dispose the property.And then back to the case at the beginning of this paper, Comprehensive use of the above presumption rules to analysis and presume one by one, to demonstrate that the "purpose of illegal possession of criminal presumption is not simply a judgment or presumption but should be overall, comprehensive and dialectical use.Conclusion:sum up and summarize the full text.