The Judicial Determination Of "The Purpose Of Illegal Possession" In The Crime Of Raising Funds

This article is based on the second-instance judgment document on the crime of fund-raising fraud from 2012 to 2018.It is found that in the trial,the difference between the procuratorial organs and the defense party in the crime of fund-raising fraud is reflected in the subjective aspect of this crime."Illegal possession of purpose." Using statistical analysis method to expound the characteristics of the referee results of the fund-raising fraud case reflected in the judgment documents and the differences in the judicial determination process.Whether the actor has illegal possession in judicial practice is the crime of fund-raising fraud.The core issue.The judicial identification problem mainly studied in this paper is divided into two points,namely,the identification of the time of formation of illegal possession and the identification of the behavior of illegal possession.In the process of determining the formation time of “illegal possession purpose”,the determination of the point in time in judicial practice is continuously moving backwards.This is related to two points: one is the strict control of economic crimes,and the other is The promulgation of three relevant legal documents.First of all,to clarify the relationship between the formation time of the "illegal possession purpose" of this crime and the criminal intention;secondly,the study on the formation time of the illegal possession purpose is divided into three situations,namely,before the fund-raising,during the fund-raising,after the fund-raising,after the fund-raising The purpose of illegal possession should not be considered as a crime;finally,explore the impact of these three formation time points on conviction and sentencing.On another issue of the judicial determination of the "illegal possession purpose" of the crime of fund-raising fraud,the statistical results of the judgment documents indicate that most cases need to combine multiple behaviors to determine that the perpetrator has“illegal possession purpose”.Regarding procedural aspects,current practice shows a situation in which judicial presumptions continue to expand.First,combined with relevant case analysis,the presumption method is used to determine whether the actor has the loopholes of illegal possession purposes.Secondly,it analyzes the eight kinds of situational provisions of “illegal possession purpose” in judicial interpretation;finally,it raises the issues that should be noted.Through the analysis of the above two problems,this paper puts forward the principles and specific path choices that should be adhered to in judicial practice.In addition to the implementation of the principle of unity of subjectivity and objectivity and the lenient value of criminal law,the special consideration of commercial affairs should be strengthened in the process of judicial presumption,and a multi-level evaluation system should be established to comprehensively judge the purpose of fund-raising by the perpetrators.