Approaches To Judicial Identification Of The Purpose Of Illegal Possession Of Contract Swindle

The determination of the "purpose of illegal possession" plays an extremely important role in contract dispute cases,and it is an important reference factor for crime and non-crime,but throughout the criminal law circles at home and abroad,Neither in theory nor in practice there is an unified understanding of the concept of the purpose,so this article focuses on the following issues through this article: First,how should the meaning of "purpose of illegal possession" be defined under the framework of the crime of contract fraud.The author comprehensively analyzes and determines the meaning of the "purpose of illegal possession" designed in other crimes as a basis,and with the characteristics of the crime of contract fraud itself;the second is the typological determination model of determining the "purpose of illegal possession" using the principle of criminal presumption.The author suggests using the reasoning method of criminal inference of "presumption-denial",with the basic logical method of criminal presumption,to confirm whether the perpetrator has the subjective purpose of "illegal possession purpose" in accordance with the fixed model,and to determine the unified meaning of "illegal possession purpose",which helps to solve the practical problems of "illegal possession purpose" in criminal presumption and the correct trial of contract fraud disputes.This article is broadly divided into four main sections:The first part is the introduction.Introduce the background and significance of the selected topics in this article,analyze and compare the current research status of civil law systems,common law systems and domestic research on "illegal appropriation purposes",and finally introduce the writing methods in the article and the innovative points in this article.The second part is the inquiry of status.Through the exploration of the connotation of "illegal appropriation purpose",as well as the sorting out of the current legislative evolution,and the typical cases related to this,the legislation,theory,and judicial practice are integrated,so as to discover the actual dilemma of the current "illegal appropriation purpose".The third part is the presentation and analysis of the problem.In the contract fraud cases currently tried in practice,there are several practical problems in proving whether the actor subjectively has the "purpose of illegal possession" in the trial case,including the current academic understanding of its connotation is not uniform,China’s legislation has not formed a unified definition standard,and the standards for the application of criminal presumption are different.Sort out the existing problems and explain the significance and purpose of this paper.According to this,through the exploration of legislative gaps and the analysis of the inconsistent application of criminal presumptions,the reasons for the current predicament lie in the lack of legislation,theoretical differences,inconsistent standards for the application of judicial presumptions,and imprecise reasoning logic are also rare reasons for the determination.The fourth part of the needle is to make suggestions for improving the current situation of judicial determination of "illegal possession purposes".Based on the current practical dilemma discussed above,it is proposed that the basic principles of criminality should be followed in the process of criminal presumption determination and that reasonable criminal presumption methods should be used to determine the "purpose of illegal possession" that belongs to the subjective level of the perpetrator,in the hope that it will have a positive reference effect on the judicial practice.