In The Course Of The Contract For The Purpose Of Illegal Possession Conversion Behavior Cognizance

In judicial practice, contract fraud and embezzlement under the specific behavior isvery easy to confuse, for example, the two sides signed a perpetrator appropriated thebehavior of the transport of goods after the contract of carriage found, making the judicialstaff in the process of handling cases of contract fraud crime and embezzlement of thedifferent views. The controversy focused mainly on the purpose of illegal possession "canproduce in the performance of the contract, as well as the illegal possession ofbehavior-based contract is lawfully in possession then meet the Embezzlement changedlegally held for illegal possession characteristics. Because reality is complex, resulting insuch cases has become very difficult. This paper focuses on the more representative theXiahai encroachment case, theories of embezzlement and contract fraud guidelines, themain purpose of illegal possession of Embezzlement Crime object, generation time andother aspects of the conduct of the parties to do a theoretical analysis aimed make areasonable judgment in their actions.This thesis is about16000Words is divided into five parts:The first part is the cause of action, and Xiahai occupation of the case.The second part is the merits of profile, Xiahai and Liu’s principal Wu signed thecontract of carriage, Liu cotton yarn shipped to Chongqing, during transport to shift thecarriage of goods sold for debt, and afterwards fled to Shenzhen and eventually wasarrested in Shenzhen.The third part is the focus of the analysis of cases of dispute. Whether the focus of thecase are three: based on the contract of carriage to take custody of other people’s property isin line with the object of Embezzlement Crime; contract fraud in the illegal possession ofdeliberately produce the relationship between time and the behavior of time; and how todetermine the behavior of the perpetrator illegal possession deliberately.The fourth part of the case focuses of controversy. This section is the core content ofthe paper. Embezzlement object, this part of a comprehensive and detailed study, alsoanalyzed the relationship of the illegal possession of the purpose of illegal possession ofcontract fraud and the perpetrator’s behavior. And the crime of contract fraud andembezzlement are a series of comparison, through to the two count contrasts found in one easy confusion.The fifth part is a conclusion. Through theoretical analysis and case combinationillustrates XiaHai’s act constitutes a crime of embezzlement.