| Along with the deepening of china’s socialism market economic constr uction, criminal justice system has also been continuously enriched and impr oved. As an independent charge, contract fraud has undergonefrom scratch a nd gradually refining in china. The emergence of this charge conforms to th e needs of social development, reflects the emphasis on protection of the no rmal market order value orientation.China’s economic construction in constant forward speed, but the socia1management system needs to be improved, coupled with the values of hon esty yet rooted in the heart of the vast majority of members of society, the crime of contract fraud showed a high incidence trend. In spite of the cri me of contract fraud belongs to fraud category, but because of the contract fraud either violated public and private property ownership, or disturbed the normal order of market economy seriously, its harmful to society is far fro m comparable conventional fraud.As the diversity and complexity of market behavior, and legal provisi ons and limitations of natural factors such as lag, led to the current judicial practice prone to disagreement in identifying the cases of contract fraud w hich covert means, complexity of the case and civil and criminal staggered, especially in the "illegal possession for the purpose of the more contentio us issues.The widespread presence of this controversy causes the criminal law s hould not be fully combat effectiveness, even protect the interests of social law effectively. Even lead to crime or criminal indulgence on behalf of the negative consequences of the emergence, does not properly reflect the legisl ative intent.In response to these problems, this paper combined with the provision s of the crime, started from the real cases of contract fraud, analysed how to identify the contract fraud with "illegal possession for the purpose" in j udicial practice, to provide certain reference to the crime. |
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