摘要
合同诈骗罪主观上是以非法占有为目的。"非法占有",是指对合法财产所有权的破坏,它与民法上的非法占有含义不同,也与非法占用含义不同。合同诈骗罪与经济合同纠纷的界限主要在于从主观目的上加以区别。对非法目的的判断,在我国采用司法推定的方法来确定。对于司法推定应当允许被告人提出反证,以防止出现冤假错案。
To occupy unlawfully is deemed to be the purpose of fraud of contract crime. The meaning of 'occupy unlawfully' here is on a broad sense, namely, refers to the damage of lawful property rights. And it is different not only from the crime named unlawfully occupy but also from the action of unlawfully use. Besides, it could be told the fraud of contract crime from the disputes of commercial contracts mainly because of their different subjective purposes.In our country, judicial presumption is the approach used to ascertain the 'unlawful purpose.' Of course, counter-evidence should be allowed to provide during the same procedure in case that impartial decisions be made.
出处
《国家检察官学院学报》
2004年第5期35-41,共7页
Journal of National Prosecutors College
关键词
合同诈骗罪
非法占有
数罪
合同纠纷
司法推定
fraud of contract crime
unlawfully occupy
several crimes
dispute of contract
judicial presumption
