Research On The Purpose Of Illegal Possession Of Financial Fraud Crimes

Currently since China’s economy is undergoing a period of transition, the financial system is still not flawless, financial management laws are relatively backward, resulting in a number of regulatory failure. It will lead a large number of financial risks and affect the security and stability of financial operation.But in a variety factors of financial risks, financial fraud has become the important form of financial crimes and brought great harm to China’s financial security and economic stability. Therefore, in order to maintain the economic and social development we must combat and prevent financial fraud. However,China’s criminal law and judicial practices of departments for illegal possession intent in financial fraud still exist controversy, it effects the conviction of the crime of financial fraud and weakens the effect of the punishment of such crimes. In this context, the author researches the purpose of illegal possession in the perspective of both theory and practice. This paper consists of the following parts in detail.First chapter of this paper is to define the purpose of illegal possession of the financial fraud crimes. Firstly, the author sums up diverse viewpoints of the concepts of illegal possession intent. Then, from two aspects of exclusion means and using means, the author analyses and defines the meaning of the purpose of illegal possession. Secondly, based on the specific characteristics of financial fraud crimes the author defines the degree of exclusion and Scope of use. Finally, the author defines the possession of subject and object in the purpose of illegal possession.In the second chapter the author researches status of the illegal possession intent of the financial fraud crimes. The author sums up diverse viewpoints of related discussion. And from the relationship between the provisions, legislation, judicial practice perspectives the author points out that the purpose of illegal possession is the essential element of all financial fraud crimes. Then from the perspective of offense the author researches the relationship between the purpose of illegal possession and the intent of financial fraud crimes. Then the author introduces the Germany theory of criminal law and points out the relationship between the illegal possession intent with the actions in financial fraud crimes. Lastly, from the perspective of concept of crime, legislation, the conviction and sentencing and crime prevention, the author evaluates its functions.In the third chapter, the author analyses the significance of the illegal possession intent of the financial fraud crimes. Then from three aspects of the necessity, reasonableness and feasibility the author proves it. Secondly, combining judicial practice and the relevant provisions of laws and regulations,the author analyzes the present condition and defects of its use.In the fourth chapter of this paper, Firstly,based on the condition and defects of the current use of judicial presumption to identify the purpose of illegal possession, the author puts forward his point of view in the identification of the purpose of illegal possession. Secondly, according to the general theory of criminal law, the author specifically analyses the ways to identify the purpose of illegal possession. Finally, in accordance with the differences of behavior patterns, the financial fraud crime can be divided into “Cash in the financial fraud crime” and “borrowing in the financial fraud crime”, and outlines the methods of the use of judicial presumption to identify the purpose of illegal possession.