The Identification Of "Illegal Possession As The Purpose" In The Crime Of Fraud

The crime of fraud is a kind of crime type which is the most common and often the most common in the people around the people.Although the crime of fraud as theft and robbery has a long history,but in the continental law system has been initially on the form of the crime of fraud,the earliest time should be in the Caroline Na penal code rule,initially defined as illegal acts only those crime and fraud related behavior.For example,the crime of forgery and the improper use of the scale of measurement and so on.The crime of fraud of the earliest start in the middle of the nineteenth Century,is defined as criminal acts independently of the Prussian,article 241 st of the criminal law,the crime of fraud began formally proposed,and its complete division out,from then on,the crime of fraud has become the real crime law.Types of fraud crime,its development speed is very fast,with the change and development of politics,culture,people's outlook on life and the way of life and constantly changes,which belongs to the kind of crime of fraud means and other forms are constantly developing and changing,and continuous innovation.The watch is to meet the development of political,economic and social fraud crime as a whole,intelligent nature with other crime incomparable,about fraud in the "identified issues related to the illegal possession for the purpose",as illegal factors have subjective and responsibility,has been studying the judicial practice and there are a wide range of academic controversy.The purpose of the crime of fraud refers to the consequences that the perpetrator expects by the actor in subjective consciousness through the act of committing a crime.For the purpose of understanding is especially,personal factors and will factors,rather than deliberately will factor,is the intention of the existence of a state,for internal behavior,interests and results of the content of the will of the elements and general criminal intention said,only refers to a desired behavior the result of their own behavior.To a certain extent,the actor,but not all,is equal to the subjective aspect of the actor.The judicial practice of our country,the "purpose of illegal possession" recognized by the very high degree of attention,whether the purpose of illegal possession of some difficulties and problems,can lead to a situation like this,I think: on the one hand,the "edge of convicting the traditional Chinese legal system of judicial system.Is the reason deeply by the feudal influence of confucianism.After the new China was founded,China's criminal law system is basically built on the cornerstone of criminal law,criminal constitution system of four elements on the basis of the establishment,the element to maintain their independence,and the relationship between the theoretical system of criminal law is not in the class of three is not strict,progressive,easy to make the judicial personnel have the wrong understanding,caused by the judicial personnel from the objective behavior and subjective elements of the thinking mode of seeking.It even causes the judicial staff to pay more attention to the subjective factor content than to the objective behavior itself,which fundamentally violates the criminal law's nature,which is about the principle of behavior criminal law.On the other hand,because the judiciary does not rely on the defendant's non subjective facts for a long time,it only depends on the suspect's confession and the plaintiff's relative advantages relative to the plaintiff.The mistakes made by non subjective facts and the confession confessed by the suspects do not conform to the confession,which makes it difficult for the judiciary to make a decision.For a long time,for fraud crime of "illegal possession for the purpose of the standards",judicial interpretation and judicial organs around constantly updated,but even so,the judicial interpretation and the laws and regulations of criminal offenders always catch up with the pace,analyzes its reason,there is no matter in the subjective intention of knowing,or other types of fraud crime and the crime of fraud in the "purpose of illegal possession",are the need for detailed judgment according to the facts,but the purpose of accurate control,to ensure that in the judicial practice not to be fooled by the appearance of the complex phenomena,to display fairness,justice and correct judgment.According to the criminal law of continental law system,advanced theory research results,in view of the current situation of the criminal law system of our country,the outstanding theoretical achievements of law research experts accept the law circle of China to absorb,practice engaged in legal work,and actively listen to experts and scholars on civil fraud and criminal fraud differences,find fraud theory knowledge on the crime of fraud,"purpose" in the connotation,constitute the crime of fraud crime of fraud to the presumption of "for the purpose of illegal possession",how to better define fraud "for the purpose of illegal possession" of time and other aspects to the illegal possession for the crime of fraud,how to identify "more in-depth study and discussion the problems related to the illegal possession for the purpose",is not the right place,we hope that the valuable Suggestions and suggestions.