On Purpose Of Illegal Possession Of Contractual Fraud

In article 224th of the Criminal Law of the People's Republic of China, it stipulates "purpose of illegal possession"precisely, which requisites to constitute a crime of contractual fraud. Then, it is necessary for deciding to grasp the intension and extension of purpose of illegal possession. This article adopts "illegal possession theory", which means predominating, using, gaining, dealing with the property of the opposing party illegally by contractual fraud. Thereupon, illegal possession violating the other's ownership practically comes into being. Illegal possession is not only for one's own, it may be for a third-party; it violates ownership but not only possession in civil law; it is known from illegal occupation, for the latter violates the right of exploitation. However, illegal occupation sometimes can convert into illegal possession. Furthermore, purpose of illegal possession is different from purpose of illegal demolishment. The "purpose of illegal possession"is come from direct intention but indirect. Furthermore, it happens before victim's delivering, which means "intention after the fact"cannot constitute a crime of contractual fraud. Lastly, it's pivotal for deciding to make judicial presumption, which needs finding out essential fact, making subject according with object, allowing and regarding the disproval of defendant.