Research On "The Purpose Illegal Possession" Of The Contract Fraud

“Illegal possession purpose” of the crime of Contract fraud is the crisis elementsin identification of crime and non-crime, and how to accurately identify it has been andilemma in judicial practice. Especially, there are the same constitutive elements ofthe contract fraud and common contract fraud behavior, and the profit and risks ofcommodity trading has also decided a party may get loss property. In addition, theincreasingly complicated and concealed in the contract fraud has increased difficultyin judicial cognizance. This thesis aims at through the research “illegal possessionpurpose” of the crime of contract fraud, providing some beneficial thoughts andadvice for the judicial practice. Apart from the introduction and conclusion, this thesiscan be divided into three chapters in general structure: Chapter one is introduction tothe theory of “illegal possession purpose”, agree with the “illegal possession”understanding “unlawfully taking possession” and comment on the criminal theory ofJapan, Germany, Britain in three countries on the “illegal possession”. Chapter two isthe present judicial cognizance and cause of the “illegal possession purpose”,selecting typical cases and data of the J provincial court, reflecting current ways anddifficulties in judicial practice, reaching the conclusion of the fundamental cause ofdifficulties are short of the unified criminal law theory, subjective element judgmentexisting inertia, lacking of unified evaluation reference factor. Chapter three is theimprovement path of judicial cognizance of “illegal possession purpose”, offeringthree proposal of adhering to the principle of objectivism, reasonable using of thecriminal presumption method and perfecting the investigation skills in judicialcognizance.