On The Purpose Of Illegal Possession In Contractual Fraud

For carrying out the principle of a legally prescribed punishment for a specified crime, the new penal code prescribed definitely"for the purpose of illegal possession"in the crime of contractual fraud. The existential meaning of it lies in the embodiment of the actor's social harmful ness and the distinction between different crimes. It has the important significance for this crime.The article is composed of the preface and three chapters of the body which systematically elaborate the purpose of illegal possession in the crime of contractual fraud from the angle of the factual connotation, the criminal functions and the judicial determination of the crime. The aim is to delimit the position of the purpose of illegal possession in the crime of contractual fraud. In the first part, the author makes an analysis on the factual connotation of the purpose of illegal possession. This part discusses the essential content of the subjective requirements in the constitution of this crime, on this basis analyzes the different domestic theories related to the purpose of illegal possession, and delimits objectively the specific connotation of it on the concrete norm and the theoretical analysis. The purpose of illegal possession is the subjective requirements of this crime which is the subjective element determining the establishment of the crime. Surveyed from the angle of the factual connotation, the purpose of illegal possession is the specific purpose independent of intent; from the angle of the norm constitution, it is the illegal constitutive element subjectivity surpassing objectivity.In the second part, the author discusses criminal functions of the purpose...