On The Judicial Identification Of The Crime Of Illegal Possession In The Crime Of Fraud

In the crime of fraud,"taking illegal possession as the goal" is an essential component and is the key to the establishment of the crime of fraud,but the identification of it is a difficult problem in judicial practice.Common fraud crime and special fraud crime in the "illegal possession" for the purpose of identifying the difficulties are different,to make a different analysis.The judicial officers found "illegal possession for the purpose of the premise is to correctly understand the connotation of "the purpose of illegal possession,we should correctly understand the connotation of the purpose of illegal possession is starting from the crime of fraud of the criminal policy to conform to the purpose of criminal law interpretation.Deep in the heart of the subjective purpose is difficult to obtain directly,only through the external behavior of the objective based on knowing the inner psychological state.The reasons for the difficulty in the identification of illegal possession are manifold,and there are many reasons for the standard and method of identification.To find out the cause,we must prescribe the right remedy.The fraud crime of "illegal possession for the purpose of proof "to both soft and hard,but evidence is reliable and sufficient to reach the standard,also need to judge the inner conviction,judgement and choice of proof.The judicial interpretation of the fraud cases of "illegal possession for the purpose" identification of the provisions enumerated type,seven cases are listed by the presumption,but are positive presumption,without considering the special characteristics of cases of fraud and the areas related to the law of commercial operation,in the judicial practice will considering the deficiency of judicial interpretation,the use of reverse presumption,concrete analysis of concrete cases.The presumption in the cognizance of "for the purpose of illegal possession" in the role of the academic and practical recognition,identification method adopted in practice will also practice,but the presumption has its own limitations,caution must be used.The reasonable design of the law,the existing law only provides for "what is" for the purpose of illegal possession,can increase the "no",designed to reflect the provisions of the circumstances listed will continue to more suitable value.In addition,the establishment of procedural protection mechanism,the importance of rebuttal and the improvement of the legal level of the investigators are all effective ways to solve the judicial practice problems of the crime of fraud and the purpose of taking illegal possession as the goal.