Research On The Identification Of "Illegal Possession Purpose" In Special Fraud Crimes

The purpose of illegal possession is an important concept in criminal law.In judicial practice,the discussion of the purpose of illegal possession is often based on the traditional property crime or financial crime,which fails to involve new criminal cases.Therefore,it is necessary to carry out a comprehensive and systematic theoretical research on the purpose of illegal possession in the new crime of fraud,and combine empirical research to update the theory,so as to provide theoretical support for the further improvement of judicial interpretation.The first part summarizes and evaluates the meaning of the purpose of illegal possession in domestic and foreign criminal law from the perspective of comparative law so as to define the meaning of the purpose of illegal possession.The second part is the specific analysis of three types of special fraud cases,find the problems in practice,and explain the causes of the problems.In the case of double fraud,we should focus on the qualitative issues between the former and the latter.It also concludes that there are two problems in practice,namely,imputing the subjective purpose of the doer and imputing the objective behavior.On the business fraud cases,in principle,the judicial interpretation of the actor in the business process is not used for business activities of the fraudulent income identified as having the purpose of illegal possession.However,in practice,there are still some cases in which financial fraud is included in financial crimes for regulation,and its problems are mainly reflected in the unclear boundary between crime and non-crime,this crime and that crime,and the lowered identification standard of the purpose of illegal possession.As for the fraud cases of routine loan,the problems are as follows:folk loan,usury and fraud cases of routine loan are similar in form,and the distinction is unclear.Identify routine loan fraud cases ignore the stage characteristics.The third part is the solution to the problem,mainly to the second part of the problem put forward the corresponding judicial recommendations.As for the double-headed fraud cases,the analysis mainly focuses on the relationship between the two behaviors,the behavior and attitude of the actor in performing the contract,and the understanding of the authenticity and validity of the contract.At the same time,it is emphasized that both the subjective purpose and the loss result have a certain effect on the judgment of the case,but it cannot be used as the final basis of the case.As for the business fraud cases,in the process of determining the purpose of illegal possession,the way should be adopted is to take the judicial interpretation presumption theory as the principle,and strengthen the counterevidence method,in addition,establish the counterevidence standard.As for the fraud cases of routine loan,the identification approach is divided into two steps:first,the scope of routine loan fraud should be solved,that is,the difference between routine loan fraud and usury and folk lending;Secondly,it analyzes the actual utilization rate of the loan of the actor,the attitude of repayment and the nature of the relevant provisions of the contract.