Study On The Judicial Identification Of The "For The Purpose Of Illegal Possession" Of Contract Fraud

Article 224 of the Criminal Law regards "for the purpose of illegal possession" as a subjective intention to determine the crime of contract fraud.Therefore,how to determine the"for the purpose of illegal possession" has a very important meaning for correctly determining the contract fraud crime.Illegal possession in criminal law refers to the actual control and control of property owned by others through means prohibited by criminal law,causing the owner to lose control of the property.It violates the property ownership relationship protected by criminal law and is the hope of the criminal The purpose to be achieved through the commission of criminal acts is different from malicious possession in the sense of civil law.By combing and analyzing 135 jurisprudence,it is concluded that in the current judicial practice,the identification of the "for the purpose of illegal possession" of contract fraud is mainly based on factors such as the subject’s qualifications,performance ability,performance behavior,etc.,and there are too many uses.This form of presumption,however,has a certain degree of unreliability,and there are differences in the determination of the law between different courts,the difficulty of determining the time when the "for the purpose of illegal possession" occurred,and whether there are indirect deliberate disputes.An analysis of the jurisprudence and theories of the "for the purpose of illegal possession",the main causes of these problems in judicial practice are the difficulty in proving the subjective mental state of the actor,the inertia of the judgment of subjective elements,the presumption of over-reliance on the judge’s personal judgment and machinery Understand the meaning of the law and other aspects.In order to solve these problems,this article believes that in judicial practice,the principle of presumption of innocence,the principle of innocent justification,and the principle of doubt in favor of the defendant should be adhered to;the principle of presumption should be used with caution,and the "for the purpose of illegal possession" should be comprehensively considered on the basis of ensuring the truth of the basic facts "Identified various factors,as well as improving investigation and evidence collection skills,to identify the" for the purpose of illegal possession "of contract fraud.