合同诈骗罪主观目的探析

The Analysis of the Subjective Motives for the Contract Fraud

合同诈骗罪的实质是在非法占有目的支配下设定骗局无偿攫取他人财物。非法占有目的较之诈骗手段,因没有明确、具体的立法判定标准,其准确判定成为认定合同诈骗罪的难点。司法实践中,正确运用刑事推定规则,综合分析行为人特定的诈骗手段、方法等客观因素,推定其具有非法占有的主观目的性,对合同诈骗罪的成立不仅合理而且必要。

The essence of the contract fraud is, motivated by the illegal occupation, to devise a trick and seize another person＇s belongings. To judge accurately the motive of the illegal occupation, compared with the iiaud means, becomes the crux of deciding on the contract fraud in that there are no definite and specific legislative standards about it. In the judicial practice, making proper use of the criminal presumption rules, making an comprehensive analysis of the objective factors, such as the actor＇s particular fraud means, and presuming the subjective purpose of the illegal occupation, are very justifiable and necessary to prove the contract fraud.