The Determination Of The Purpose Of Illegal Possession In The Crime Of Contract Fraud

In the judicial practice of our country,it has been very difficult to identify the crime of contract fraud.This difficulty is not only due to the fact that with the rapid development of the market economy,the form of contract transaction is becoming more and more complex,which leads to the difficulty in determining the objective aspect of the crime of contract fraud.China's criminal law clearly stipulates that "the crime of contract fraud is for the purpose of illegal possession",that is to say,in order to identify the crime of contract fraud,we must prove that the perpetrator has "the purpose of illegal possession",but as a subjective content,Identification is more difficult than objective."the purpose of illegal possession" as a necessary element of contract fraud has always been difficult to identify because there is no normative law in the criminal law of our country.There is no uniform standard for the identification of the purpose of illegal possession,that is,the definition of its meaning and the method of cognizance in judicial practice are clearly stipulated in the document.Up to now,the academic circles hold different views and theories on the concrete meaning of "illegal possession purpose",and the judicial organs' methods of determining the "illegal possession purpose" are all the more different.Therefore,cases of contract fraud often appear in the same case of different adjudication.In the current judicial cases,the crime of contract fraud as a kind of criminal means of economic crimes is very complex and changeable.In practice,it is difficult to distinguish between contract fraud and general contract fraud in civil cases.It is very difficult for legal staff to identify the objective behavior of contract fraud only,not to mention the subjective determination of "illegal possession purpose".However,"illegal possession purpose" is the essential difference between the crime of contract fraud and the general civil contract fraud.Starting from the aspect of "illegal possession purpose",it is also an effective way to solve the difficulty of determining the crime of contract fraud.Therefore,the research focus of this paper lies in the identification of "illegal possession purpose" in the crime of contract fraud.The specific research is as follows: first,the status quo of its identification in the current judicial practice.This paper analyzes the dilemma of the identification of "illegal possession purpose" and its causes,and only by finding out the present situation and reasons of the difficulty in identifying "illegal possession purpose" can it be targeted according to the shortcomings identified by the current judicial practice.Then improve the "illegal possession purpose" in the crime of contract fraud;The second is to explore the meaning of "illegal possession purpose" and its position in the crime of contract fraud,and to grasp the connotation of "illegal possession purpose" accurately;third,to " The purpose of illegal possession should be determined and perfected.According to the present situation of identification of the purpose of illegal possession,the methods and standards of identification should be improved to solve the problems existing in the identification of the purpose of illegal possession of the crime of contract fraud.According to the focus of this paper,this paper is divided into three parts.Part I: asking questions.This paper explores the status quo of the identification of "illegal possession purpose",and analyzes the difficulties in identifying "illegal possession purpose" in contract fraud cases,combining with the case of contract fraud.This paper analyzes the problems existing in the judicial practice of "illegal possession purpose" at present,and analyzes the reasons why it is difficult to identify the "illegal possession purpose".Part two: analysis of problems.Through literature analysis,this paper summarizes the mainstream theory of the connotation understanding of "illegal possession purpose",and then summarizes the understanding of "illegal possession purpose" in civil law system and Anglo-American law system by means of comparative analysis.Combined with the current mainstream point of view in China,the connotation and understanding of "illegal possession purpose" are defined.Part three: solving problems.This paper analyzes the shortcomings and disadvantages of the identification method of "illegal possession purpose" in the current judicial practice,puts forward relevant suggestions,and perfects the problems existing in the judicial practice.