Study On The Purposes Of Illegal Possession Of Fund-raising Fraud Crime

Since the reform and opening up with full development of market economy, economic crimes follow and increase. Economic crime has special dangers, for example, fund-raising fraud not only disrupts the normal order of the financial management but also violates the citizen’s property ownership. In judicial practice, fund-raising fraud is difficult to identify because of its complex behavior structure and inner truth. During the process of recognition, the most controversial aspect is the purpose of illegal possession. Judicial organs are often helpless for the purpose of illegal possession, because the judicial organs rely too much on the defendant’s confession, seldom according to the objective facts to judge the defendant’s subjective content. When the conclusion got from the objective facts are different from the confession of the defendant, the judiciary feel difficult. Though the current specification for fund-raising fraud in legislation in our country has bigger progress, in addition to the specific provisions of criminal law legislation and relevant judicial explanations, in practice, there are still many disputes in conviction and sentencing of thr crime. In addition, criminal cases involved in this kind of behavior have influence on many people, involve huge amount of money and have big social impact. At the same time, they damage our country’s financial management order, public and private property ownership. Therefore, further consideration of the determined rules of the purpose of illegal possession in fund-raising fraud has strong theoretical and practical significance.This paper aims at solving the problem which is the determination of the purpose of illegal possession in fund-raising fraud. This article is going to discuss it from four parts.The first part is the summary of the purpose of illegal possession in crime of fund-raising fraud, from the sense of "illegal possession" in the criminal law and the function of illegal possession. First of all, define the connotation of "illegal possession" in criminal law which is different from the civil law. Second, demonstrate how to differentiate crime and non-crime, this crime and that crime of the purpose of illegal possession in fund-raising fraud.The second part introduces the theory of the purpose of illegal possession in fund-raising fraud, mainly from the status of the purpose of illegal possession in constitutive requirements and compared with other countries. On the basis of pointing out the status of the purpose of illegal possession in the constitutive requirements, and trying to comb and analyze various theories of domestic and foreign about the purpose of illegal possession, put forward own viewpoint.The third part is the judicial cognizance of the purpose of illegal possession in fund-raising fraud. First of all, evaluate the current judicial explanation about the purpose of illegal possession one by one. Second, analyze the formation time of the purpose of illegal possession in fund-raising fraud. Confirm the purpose of illegal possession before and in fund-raising behaviors. Deny the purpose of illegal possession after fund-raising behavior. Finally, demonstrate the cognizance standard of the purpose of illegal possession in the fund-raising fraud.The fourth part identifies the illegal possession purpose from typical cases. Selecting Wuying case of profound effect in recent years as the analysis object, and thus analyzing the concrete application of illegal possession purpose in the judicial practice. Finally the writer makes some reflection about the regulation of folk finance.