On the Purpose of Illegal Possession of Contract Swindle;

If we define the "purpose of illegal possession" in financial deceptive behavior as the criminal behavior of financial deception,namely,the subjective intention to control or dominate others wealth and property illegally,and psychological state to make the wealth and property out of the owner s control.

It s not enough to only have the judging criteria in examining the "purpose of illegal possession" for financial fraud crimes and the application of such criteria should be considered.

Problems on the purpose of illegal possession

In property and economic offence,the purpose of illegal possession that belongs to independent requisite of subjective constitution and exceeds objective constructive elements is proved by judicial presumption.

And the correct confirm of this subjective element must be based on correct understanding of the purpose of illegal possession and corresponding treatment to the different provisions in criminal law.

Whether the wrongdoer of the financial crime subjectively meets the requirements of illegal possession and the subjective guilt is a problem that must be correctly addressed.

It refers to client s conduct characterized by deliberation and illegal possession.

The intention of illegal possession is the subjective key element of the crime of financial fraud,not the optional element.

In the states of Civil Law System, there are all kinds of regulations and comprehension about illegal possession purpose of theft crime.

Illegal possession purpose is an important concept, but the dispute about it has lasted for a long time, which not only influences the deep research of it, but makes the judiciary practice confused.