The Origin And Determination Of The "purpose Of Illegal Possession" In The Crime Of Contract Fraud

Is whether the person has a "purpose of illegal possession" its behavior constitute the crime of fraud of the contract,whether the subjective important document elements that actor subjectively without "purpose of illegal possession" would not be decided that the act constitutes a crime of fraud of the contract.As a judicial workers,more accurate understanding and grasp the meaning of "the purpose of illegal possession",can be more accurately in the judicial practice of crime of fraud of the contract,to prevent the crime of fraud of the contract and the contract dispute.In the crime of fraud of the contract shall be defined as:"the purpose of illegal possession"connotation person use of contract,by means of fraud,will be the property of others in the absence of any evidence,by all means to dominate and control them.About"the purpose of illegal possession" time is disputed in the theoretical circle,according to the provisions of the criminal law in our country,"the purpose of illegal possession" of time can be throughout the contract signing,implementation of the entire process.Whether in the actor subjectively has "the purpose of illegal possession" subjective elements,whether from the actor has the ability of the contract,whether to have the sincerity of the contract,whether or not to use fraud means,not the reason of the performance of the contract,breach of contract after the performance of the responsibility and the way to dispose of the other property judicial presumption,etc.This paper divides four chapters into the time and judicial determination of the"illegal possession" of contract fraud.The first chapter mainly introduces the basic case and the problem of wang's contract fraud,which leads to the focus of legal problems.The second chapter expounds the implication of the purpose of illegal possession in our criminal law and its important position in the crime of fraud of the contract that,it is the offender constitute elements of subjective element of the crime of fraud of the contract,also summarizes the current law and judicial interpretation and judicial practice of "the purpose of illegal possession" criminal presumption rules.In the third chapter is about the crime of fraud of the contract "purpose of illegal possession" time are analyzed in detail,through the research to argue that "the purpose of illegal possession" of time can be throughout the contract signing and performance of the whole process.The fourth chapter illustrates the judicial practice that we should follow the principles of "the purpose of illegal possession",and on the basis of wang mou a contract fraud case on how to determined in the judicial practice of crime of fraud of the contract "purpose of illegal possession",the author analyses and wang mou a contract fraud is identified.