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

In the process of examination and prosecution,it is common that the actor does not have the purpose of illegal possession,which leads to the failure to prosecute the contract fraud case.The purpose of illegal possession has become the difficulty to prove the crime of contract fraud and the key point to distinguish the crime of contract fraud from the fraud of contract.The first part concludes that the purpose of illegal possession has become an important factor to consider in non-prosecution cases by sorting out the reasons for non-prosecution of contract fraud cases in the prosecution process,and puts forward the judicial dilemma including unclear meaning,disputed time and difficulty in presumption.The second part makes clear the legal status of the purpose of illegal possession in the crime of contract fraud,and sorts out the theories about the meaning of the purpose of illegal possession at home and abroad,and defines the specific meaning of the purpose of illegal possession in the crime of contract fraud in combination with practical cases.In the third part,China's "Criminal law" article 224 provides that the crime of contract fraud is a crime in the process of signing and performing a contract,but the practice and theoretical circles have different views on the time of the purpose of illegal possession.By determining the general principles and specific standards of the generation time of the purpose of illegal possession in the crime of contract fraud,this paper makes a specific analysis of whether the purpose of illegal possession in each stage constitutes the crime of contract fraud.In the fourth part,take a constructive approachin view of the case that the purpose of illegal possession attention proof methods,analysis of legal presumption as "instead of the method of judicial proof" the meaning,characteristics,put forward the principles and rules of presumption purpose of illegal possession,and further analysis our country criminal law the provisions of the laws about the purpose of illegal possession,the presumption,finally proposed that specific standards for the purpose of illegal possession in the crime of fraud of the contract.