On The Purpose Of Illegal Possession In Contract Fraud

Crime of fraud of the contract as a controversial charges, of all the controversial elements, illegal possession purpose has always been one of the core. In order to deepen understanding, in order to unify knowing more is very necessary to carefully discusses the cognizance of the crime of fraud of the contract purpose of illegal possession of a lot of problems. Such consideration and cognition, this paper focus on the key problem in crime of fraud of the contract illegal possession purpose put forward his own understanding and view. First is an overview of the crime of fraud of the contract illegal possession purpose, analyzed the purpose of illegal possession of the meaning, theory of representative with illegal possession, the intention of all illegal theory, theory of illegal profits,several change ownership theory, the article agrees with all illegal theory. The purpose of illegal possession and crime intentionally the relationship between think directly intentionally in the contract fraud is with the content of the purpose of illegal possession. The purpose of illegal possession, characteristics for sex without consideration,acquired, and permanent. The purpose of illegal possession function status including the purpose of illegal possession and the relationship between conviction,able to distinguish between this crime and the crime, the purpose of illegal possession and the stop form of the crime of fraud of the contract. About the purpose of illegal possession, to produce the cognizance of time, the first is for the purpose of illegal possession, to produce the value of the time problem, purpose of illegal possession, time effect to the purpose of illegal possession, the reasonable classification, to say a lot of problems, purpose of illegal possession, to produce time for sentencing. Purpose of illegal possession, produce the time that there are a lot of controversy,including for purposes of illegal possession only before the contract is signed or signed, does not exist in the contract after signing the contract to fulfill the purpose of illegal possession,general purpose of illegal possession before the contract is signed or signed, but does not rule out from executing the contract after the contract is signed, implementation of the fraud, also think the purpose of illegal possession could produce when before the contract is signed, the contract is signed and after the signing of the contract,that is to say, as long as the purpose of illegal possession,each stage are likely to constitute a crime of fraud of the contract. Article think the purpose of illegal possession, to produce time in contract fraud crime is relatively complex, can be divided into stages of beforehand and matter phase, need specific trading phase discrimination analysis. Crime of fraud of the contract "purpose of illegal possession" rely on criminal presumption can be concluded that because of the subjective purpose can only be based on objective conditions presumed identification. With the aid of criminal presumption, reasonable allocation of the burden of proof; Can also save costs, improve the efficiency of lawsuit. Applicable criminal reasoning, to ensure that reasoning premise the authenticity, legality, form the correct management, constructive process, able to withstand test, judicial workers comprehensive quality meet the requirements, and ensure the defendant's right of defense. Criminal inference factors including behavior person to perform the contract ability, behavior of the specific performance person,person property after use, the person's attitude.