The Purpose Of Illegal Possession Financing Fraud Study

According to China's "Criminal Law" Section 192, for the establishment of financial fraud, in addition to the basic intent crime, the subjective must also have the purpose of illegal possession. So, whether or not to have the purpose of illegal possession is very important for the identification of financial fraud and the difference from other financial fraud-related crimes.In reality many disputes about financial fraud, in fact, are caused by whether or not and how to identify the purpose of illegal possession of the perpetrator. However, the identification of the purpose of illegal possession in the judicial practice to deal with the financial fraud can not avoid, but also is a very confusing issue. Hence it is necessary to specially study the purpose of illegal possession of financial fraud. This paper discusses the purpose of illegal possession of financial fraud from five parts.The first part, connotation of the purpose of illegal possession of financial fraud is defined. Firstly, the analysis, reference and comprehensive on the concept of possession and illegal possession, and the constituent elements of possession and illegal possession of the mainstream of our criminal law scholars are carried out, on this basis the purpose of illegal possession of financial fraud is defined as: the purpose or meaning of the perpetrators'illegal possession and control of the illegal fund-raising. Among them, the illegal possession and control of illegal fund-raising includes not only illegal possession, it is meaning to deprive the property ownership of investors, and permanently occupy the property of investors, but also includes long-term domination and control of property without having permanent possession of property ownership of investors. Secondly, the definition of the purpose of illegal possession of financial fraud is demonstrated. It is not only in accordance with the proper meaning of possession and illegal possession of criminal law, in line with the nature of the purpose of illegal possession of financial fraud, but also adaptive to the reality needs of judicial practice.The second part, the generation time of the purpose of illegal possession of financial fraud is analyzed. It is referred that the generation time of the purpose of illegal possession of financial fraud is the determined time point or the time period which the time point in when the perpetrator intends to illegal occupy and control the property of others by financial fraud. The establishment of generation time of the purpose of illegal possession of financing fraud admits the beforehand and due procedure illegal possession purpose, denies the afterwards illegal possession purpose. And it is further referred that the due procedure illegal possession purpose of financial fraud is limited to the process of legal fund-raising of the perpetrator, and stopped by the time for the perpetrator to obtain the illegal fund-raising.The third part, normative basis of identification of our existing purpose of illegal possession of financial fraud is sorted, and three judicial interpretation and development trends of identification of our related purpose of illegal possession of financial fraud are assessment, and the judicial interpretation of identification of the purpose of illegal possession of financial fraud is found to continue to make breakthroughs for the mainstream content of the purpose of illegal possession.The fourth part discusses the purpose of financial fraud of illegal possession of specific identified issues. Starting from the specific cases of illegal possession of financial fraud leads to the specific purposes identified in the problem. Called for a comprehensive subjective elements of behavior, behavioral factors and results of the specific factors identified three areas of illegal possession of financial fraud purposes. Subjective elements, namely, illegal control means control of property, illegal control of behavioral elements, namely, the dominant fact that property, the result element that is causing a certain amount of raised funds did not return.The fifth part, other relevant issues of identification of the purpose of illegal possession of financial fraud are discussed. This article is based on financial fraud purpose of illegal possession of definition of the purpose of financial fraud and illegal possession of illegal possession of property crime for the purpose of coordination are described, And the need to re-understanding of judicial interpretation on financial fraud provisions of the purpose of illegal possession and illegal financial fraud and crime deposits from the public the difference. For the latter, the article pointed out, financial fraud and illegal deposits from the public is not whether the distinction between the crime of unlawful possession with the purpose, but rather the objective behavior of the two crimes, the results and their differences on the social harm.