A Study On The Identification Of The Purpose Of Illegal Possession In Contract Fraud

With the rapid development of society and economy,the crime of contract fraud has gradually become a frequent property crime in social and economic life.In judicial practice,many contract frauds with serious infringement of legal interests cannot be prosecuted for criminal responsibility.The most important reason is that there are many difficulties in identifying the purpose of illegal possession.From the analysis of the standard setting of the crime of contract fraud,"the purpose of illegal possession" is the essential element of the crime of contract fraud,the lack of which will directly affect the establishment of this crime.Therefore,it is of great significance to clarify the systematic position of the purpose of illegal possession,improve the principles,methods and relevant reference elements of identifying the purpose of illegal possession,so thus to distinguish crime from non-crime,distinguish this crime from that crime,to protect human rights and to limit the excessive expansion of the criminal circle.This thesis is mainly divided into three parts: The first part discusses the meaning of the purpose of illegal possession of contract fraud and the significance of identification.By comparing several influential theories at present,the meaning of the purpose of illegal possession of contract fraud is obtained.It points out that the purpose of illegal possession is the core element of identifying the crime of contract fraud and the important basis of distinguishing crime from non-crime.The second part analyzes the trend of contract fraud cases in SZ city of Guangdong Province in recent years through big data,and introduces the confusion of identification through controversy over typical cases.It analyzes the reasons why it is difficult to identify the purpose of illegal possession of contract fraud in current judicial practice: it is difficult to obtain direct evidence in practice,it is difficult to grasp the standard of proof inferred by indirect evidence,and the rules of legal presumption are too vague and simple as well as the application is not standardized,which paves the way for the corresponding countermeasures and suggestions in the following part.The third part mainly aims at the above problems,and puts forward specific solutions from two aspects: First,from the standard formulation level,to improve the relevant judicial interpretation on the purpose of illegal possession of contract fraud,that is,to clarify the systematic status of the purpose of illegal possession,to refine the generation time of the purpose of illegal possession,to introduce the inversion mechanism of the burden of proof,to unify the procedures for identifying and disposing the property involved in the case,and to clarify the legal validity and position of guiding cases;Second,in the practical operation level,to put forward suggestions on how to define the guiding principles and establish the basic facts of legal presumption,and to put forward suggestions for the consideration elements of basic fact investigation and evidence collection.