The Crime Of Fraud Of The Contract "Purpose Of Illegal Possession"

In recent years, our country’s criminal crime of contract fraud case, present a rising trend year by year, Contract fraud crime has increasingly become the mainstream of the current Chinese economic fraud crime form. However, because of this crime to "contracts" under cover of legitimate means and complexity, concealment and deception, Lead to very difficult for the cognizance of the crime, subjective aspect, and some Chinese laws and regulations of this crime is not clear, operability is not strong, So in the criminal theory study. In this article, the author thinks that: First, "the purpose of illegal possession" is not only the contract crime of fraud of the subjective elements of the constitution of crime, is also a kind of subjective illegal elements, can be the object of judgment of illegality. At the same time, "the purpose of illegal possession" is not independent of intentionally, but contained in intentional content. Provisions of the contract fraud in five legal objective behavior prove behavior person has the objective elements of "the purpose of illegal possession", not only, and sufficient conditions. Second, the connotation of the dispute about illegal possession purpose, all said "illegal" is more persuasive, namely the person with the purpose of illegal possession is intended to permanently eliminate the victims of property rights to possess, utilize, seek profits from and dispose of all the power, the crime of possession should not be limited to the possession in civil law. Third, for the purpose of illegal possession, over time, the time of contract fraud behavior person deliberately produced can not only when the contract is signed, can also in the process of the contract, but the generation of crime of fraud of the contract deliberately time must be the other party before delivery of goods, but not is the other party after the delivery of goods. The above three aspects of research, aims to solve that difficult problems in judicial practice. So the article in the third part expounds the crime of fraud of the contract "purpose of illegal possession" of that problem. From the regulation of our country current law for the purpose of illegal possession and the existing problems, put forward the constructive method are used to identified the rationality and necessity of illegal possession purpose of crime of fraud of the contract. Finally, the basic rules of judicial presumption and concrete determination factor has carried on the detailed elaboration, comprehensive consider the case of "the purpose of illegal possession" has the effect of all kinds of basic facts, to belong to the offender "purpose of illegal possession" of the psychological level, to have positive guidance to the judicial practice.