On The Determination About The Purpose Of Illegal Possession In Contract Fraud

With the rapid development of economic society,contract fraud crime presents different characteristics,nowadays under the high-speed capital flow,and convenient trading,the objective performance of contract fraud crime's behavior is of diversity,concealment and deception,however in terms of contract fraud crime constitution,its behavior factors and occurrence regularity still have its own characteristics.As for the determination of contract fraud,the main problem we pay attention to is the interpretation and identification of "illegal possession purpose" in the subjective aspect.At present,there's a large amount of law items and judicial interpretation focus on the consequences and subsequent behavior of offender's obtain of property by means of contract fraud and that cannot be returned,as for this situation the criminal law presents five kinds of objective behavior to presume the actor's subjective purpose of illegal possession,and that makes the judicial staff mechanically applies those five kinds of situations in their works,to presume the actor's purpose of illegal possession,which leads into the situation of objective imputation,by ignoring the subjective factors itself,split the signing and performing of contract,that causes they handle the general civil fraud as a criminal offense,which is not properly,and resulting the abuse of criminal punishment.This paper mainly focuses on "the purpose of illegal possession" as the breakthrough point,study the dilemma of contract fraud crime in-depth,explain the principles of the purpose of illegal possession in practicalapplication,and the application of related criminal presumption in contract fraud.This paper mainly includes introduction,text and conclusion.Among them,the text is divided into four parts: the first part mainly elaborates the status of "illegal possession purpose" in contract fraud.First of all,put forward the legislative status of the contract fraud crime from the aspect of legislative evolution,and the identification methods been using in China to prove the contract fraud crime,which leads to criminal presumption,the special proof method of contract fraud crime,and finally put forward that there's still a lot of difficulties to be solved among the criminal presumption in practice.The second part details the "the purpose of illegal possession" within the scope of the criminal law,pointed out the common myth through the comparison of concept,which proves the particularity of contract fraud crime,then targeted put forward the essence characteristics of the "purpose of illegal possession" in contract fraud crime.The third part focuses on "the purpose of illegal possession" is the proven methods for criminal presumption,by comparing the different scholars' understanding of criminal presumption,and the specific provisions about criminal law of the criminal presumption in our country,summarizes the specific characteristics of criminal presumption,and the basic ways of using criminal presumption to prove "the purpose of illegal possession".The fourth part proposed the shortage of current criminal presumption method to prove the "purpose of illegal possession" and the advice of improvement within the system of justice's in our country,also gives suggestions from two aspects of entity and procedure,to make sure the identification of "purpose of illegal possession" in the contract fraud crime can not only show the entity justice,but also prove the procedural justice.