Theory Of The Purpose Of Illegal Possession In Crime Of Fraud

The criminal law defines fraud as acquired property crime in theory, and commonly speaking, fraud is believed to be absichtsdelikte. However, our Criminal Law only stipulates the purpose of illegal possession in three crimes of fraud, crime of fraud in financing(Article 192), crime of loan fraud(Article 193), and crime of contractual fraud(Article 224). For the other frauds and crime of fraud stipulated in Article 266, Criminal Law does not mention whether the purpose of illegal possession is to be essence of crime, with no unified standard in judicial practice, which resulted in the various opinions on the illegal purpose in fraud among the judicial world.This paper consists of four parts. The first part, in the form of cases, through the analysis of cases, this paper expounds the disagreements in identifying the purpose of illegal possession in crime of fraud; The second part, based on the theories at home and abroad, by means of comparative analysis of the concept and purpose of illegal possession, this paper defines the purpose of illegal possession in our Criminal Law; The third part, on the premise of clarifying the connotation of the purpose of illegal possession, this paper analyzes the relationship of the subjective state of mind, criminal intent and the purpose of illegal possession, so as to expound the value of purpose of illegal possession in crime of fraud. The last part combines the existing problems in identifying purpose of illegal possession in fraud, and further expounds how to use criminal presumption to identify the purpose of illegal possession in fraud.