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Research In The Illegal Possession Purpose Of Contractual Fraud

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Q YinFull Text:PDF
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Since the 21st century, with the development of the market transaction behavior, more and more people understand the economic transactions by a legally valid contract, maintaining personal lawful rights and interests.But there are some criminals to defraud illegitimate interests by means of contract fraud, not only cause huge economic losses to a party, more stable and orderly development of market environment.People in the ascent of fraud prevention awareness at the same time, the correct definition of contract fraud, strike the contract fraud crime effectively, maintain normal market environment has become the top priority.The crime of fraud of the contract in the field of criminal, civil in the field of contract fraud and to reasonable that distinguish between the two, has evolved into the current difficulty and key problems in the field of justice.The article 224 of the criminal law of the People’s Republic of China, "the crime of fraud of the contract is for the purpose of illegal possession" in the process of signing, to perform the contract, deception, such as imposing dummy fact or conceal the truth to defraud the other party’s property, large amount of behavior.By the criminal law and relevant judicial interpretations, it is not difficult to come to the conclusion is that of the subjective element of the crime of fraud of the contract contains elements "the purpose of illegal possession".Due to the subjective nature of "the purpose of illegal possession", whether to decide how to deal with the purpose of illegal possession, there are many views in the field of justice.Especially recently, because of "the purpose of illegal possession" subjectivity and uncertainty on the content, "the purpose of illegal possession" need to say encountered great criticism, some scholars from the perspective of objective "violation use of, to establish" theory put forward to replace the "purpose of illegal possession" type as the property crimes distinction between the crime and not crime, this crime and crime of constitutive requirements.Scholars are said to "purpose of illegal possession" necessary to produce such question, investigate its reason is by "the purpose of illegal possession" is not clear of the connotation and denotation and its subjective nature of the uncertainty caused by.In order to further clarify the necessity of "the purpose of illegal possession", and tries to solve the problem of the difficulty in cognizance, this article from three aspects in this paper, the "purpose of illegal possession": one is the detail and the analysis of basic theory, to establish "the purpose of illegal possession" in the status of constituent elements of contract fraud crime;Second, analyzing the current concluded that "the purpose of illegal possession" difficult situation, combined with the specific case analysis causes trouble;Three by using reasonable criminal presumption, explore "the purpose of illegal possession" thinking.
Keywords/Search Tags:contract fraud, purpose of illegal possession, judicial cognizance, criminal presumption
PDF Full Text Request
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