The Identification Standard Of The Purpose Of Unlawful Possession Of The Crime Of Fraud In Financing

In recent years,the occurrence of a large number of crimes of fund-raising fraud has aroused widespread concern in the society.The crime of fund-raising fraud has the characteristics of large crime scale,high crime amount and large number of victims,and it has quite serious social harm.In recent years,the number of crimes of fund-raising fraud has been on the rise,especially in large-scale illegal fund-raising cases.However,the large number of crimes of fund-raising fraud is not the only reason for the widespread hot debate.The other important reason for the crime of fund-raising fraud is the focus of discussion throughout the year.In the past few years,in the case of fund-raising fraud,there are various criminal methods.Some criminal methods of fund-raising fraud are constantly updated with the development of the economy.More fund-raising fraud crimes will be implemented by the company in the form of illegal fund-raising activities.The illegal fund-raising behavior of word-of-mouth has gradually been replaced by large-scale enterprise fund-raising activities.Even many criminals have a fairly high level of enterprise management experience,causing very serious harmful consequences.This status quo makes judicial practice encounter many difficulties in identifying the crime.The prototype of the crime of fund-raising fraud was the speculation in the Criminal Law of 1979.Later,with the rapid development of the economy,economic crimes appeared in large numbers.The Standing Committee of the National People’s Congress in the 8th of1995 on the decision to punish the crime of destroying the financial order For the first time,the article stipulated the crime of fund-raising fraud.The Criminal Law,amended in 1997,regulates the crime of fund-raising fraud in article 192.However,how to identify the purpose of illegal possession and how to understand the method of fraud is a real problem in judicial practice.Although the Supreme People’s Court and the Supreme People’s Procuratorate have issued corresponding judicial interpretations and normative documents on this issue,it is still difficult to quell the dispute.In judicial practice,the purpose of identifying illegal possession has some obvious characteristics.For example,it is difficult to determine the illegal possession of the perpetrator.In many cases,there have been a large number of disputes in the process of identifying illegal possession,and there have been many disputes between crime and non-crime,and this crime and his crime.Because the provisions of the Criminal Law are not specific enough,they are rather vague.Although the provisions stipulate the subjective and objective aspects of the crime,the elements of the crime still have obvious generality.This article will use the judicial interpretation and the normative documents,the court judgment of the crime of fund-raising fraud in China as the research basis,and analyze the illegal possession purpose and the fraud method respectively.Specifically,the first part of the thesis first summarizes the situation in which the judicial interpretation presumes the purpose of illegal possession,and then analyzes the criteria for judging the purpose of illegal possession in the criminal law theory,expounds the criteria for judicial practice to determine the purpose of illegal possession,and analyzes the judicial practice according to the doctrine.The criteria for determining the purpose of illegal possession.The second part of the thesis is an analysis of judicial practice and doctrine.Firstly,it analyzes the characteristics of judicial practice to determine the purpose of illegal possession,and then points out the defects of these identification methods.The third part explains the rationality of criminal presumption in determining the purpose of illegal possession,and adopts a type of way to carry out criminal presumption,and the use of counter-evidence as a limitation to make up the criminal presumption,and establishes the position of this article to determine the standard of illegal possession.The last part of this paper puts forward the type standard for presuming the purpose of illegal possession.The criteria for the purpose of illegal possession are proposed in both positive and negative aspects,that is,the positive facts that the actor has the purpose of illegal possession can be presumed and the negatory actor has the purpose of illegal possession.Negative facts.When the behavior of the actor is a positive fact,it can be considered to have the purpose of illegal possession,but if the behavior of the actor is also a negative fact,it can be denied that it has the purpose of illegal possession.