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1、 II Study on the problems contract fraud Abstract Contract as an economic means of economic exchanges indispensable bridge, as the backbone of Chinas economic reform into the deepwater segment with various types of social economic problems have become increasingly prominent, the use of contract frau
2、d is also a growing problem. Although Article 224 of contract fraud have clearly defined our country, “Criminal Law“, but for the purpose of the offense subjective and objective aspects identified in the academic community there is great controversy, this paper describes several key issues to clarif
3、y the crime and non- crime , this crime and sin boundaries. First, for the purpose of illegal possession of whether it is a necessary condition for this crime, illegal possession for the purpose of generating time have identified what sense? Second, the oral contract can become a crime in this contr
4、act, whether to sign a service contract for the purposes of fraud can be identified as contract fraud? Third, contract fraud and how to define civil fraud? It identified several issues of different investigators to practice a great deal of difficulty, and even lead to a different co -contracting phe
5、nomenon. To this end, this paper through the study of real cases, especially in terms of the behavior of people in the subjective and objective aspects of subtle changes in the analysis, combining theoretical perspectives and academic law, adhere to the “ syllogism “ legal principles and crime, the
6、following conclusions first, the illegal possession of identified problems, we believe that the standard is to define the purpose of illegal possession of this crime and other crimes, if the purpose of illegal possession, not to mention taking, although the distinction can be made in the objective a
7、spect of crime and destroys human behavior sin, but does not meet the principles of behavior and responsibility exist simultaneously, contrary purpose of illegal possession necessary to say no to this question. The purpose of illegal possession of crime or generation time is defined criteria. Second
8、, with the other papers distinctly different perspectives, the paper argues that the use of an oral contract fraud established fraud. “ Signed “ means “ to enter into and sign a treaty or III agreement ,“ ARTS interpreted as agreement with the form of the written word, as expanded interpretation of
9、the contract with text content, including in electronic form, but it does not presumed to contain a verbal agreement. In this case, the offenders conduct as contract fraud have actually reduced the offender will be punished, because the risk of the contract requires the parties to take responsibilit
10、y. On the contrary, the object of fraud is public or private property, if characterized as fraud, crime does not indulge. Third, civil fraud and contract fraud fundamental distinction lies in whether the actor s sincerity and ability to fulfill the performance, there can not be completely incapable
11、of sincerity classified as due to objective reasons, the parties have a sense of their own presumed ability to perform, there ability and sincerity are the parties considered the subjective purpose of illegal possession. By analyzing these issues in order to make the judicial practice in the handlin
12、g of human behavior to achieve the objective and subjective acts of unity, unity and responsibility behavior, behavior and intentional unity. Key words： Purpose of illegal possession Intentional A large amount Civil fraud Contract fraud目目 录录 中文摘要 .I Abstract . II 引 言 . 1 第一章 合同诈骗罪主观目的的分析 . 2 一、刘某是否构成合同诈骗罪 . 2 （一）刘某借款出逃案 . 2 （二）案件争议焦点 . 2 二、“非法占有为目的”的认定 . 3 （一）“非法占有为目的”的含义分析 . 3 （二）“非法占有为目的”的产生时间及其认定 . 5 （三）“非法占有为目的”在实践中的认定 . 8 三、合同诈骗罪的主观故意形态 . 9 （一）直接故意说 . 9 （二）间接故意说 . 10 （三）直接故意的合理性及其认定 .
