| In recent years,China’s economy continues to evolve quickly,reform continues to deepen,and opening-up is further extended,but the situation of various financial fraud crimes,including fund-raising fraud,is still severe.Fund-raising fraud was actually a highly controversial category and was the last to abolish the death penalty.Through sorting out the 50 cases of fund-raising fraud in the second instance,the study on the "purpose of illegal possession" of fund-raising fraud should first determine its connotation.There is an analysis of the "purpose of illegal possession" in criminal law theory at home and abroad.It can be clear that the "purpose of illegal possession" of the crime of fund-raising fraud refers to the intention to illegally control or control the funds of the raised funds and permanently exclude the control or control of the right holder.After sorting out 50 cases of fund-raising fraud,this paper discovers that it is the primary task to precisely define the connotation of "illegal possession purpose" of fund-raising fraud.For the purpose of illegal possession of relevant content,both Chinese and foreign criminal jurisprudence has been studied.It can be clearly characterized that the "purpose of illegal possession" of the crime of fund-raising fraud refers to the intention of the perpetrator to illegally control or dominate the funds raised and permanently exclude the right holder from control or domination based on the two meanings of exclusion and utilization.As for the confirmation of the time of "purpose of illegal possession",it is required to verify the exact time when the defendant has the subjective mentality of purpose of illegal possession.In practice,many judges have no clear distinction between the two crimes.The subjective state of mind of the doer likewise leads to different convictions,so it is also a key point to differentiate non-restitution from the determination of "purpose of illegal possession".Since the phenomenon of heavy charges and light defense not only occurs in the crime of fund-raising fraud,most judicial cases are light or heavy in these problems.Only by attaching importance to defense and evidence in the prosecution process can we restore the truth of the facts and better identify the behavior of the parties.Therefore,for the determination of the "purpose of illegal possession" of the crime of fund-raising fraud,it is necessary not only to adhere to the comprehensive determination of subjective and objective consistent factors,but also to comprehensively consider the relevant factors to improve the relevant judicial interpretation,and to constantly supplement the determination basis in terms of evidence.In order to perfect the rule of reverse presumption of "purpose of illegal possession",it is necessary to establish the standard of reverse presumption,make up the defect of single positive presumption mode,and make comprehensive evaluation in various ways.In addition,we should understand the particularity of the subject of commercial recognition,respect the autonomy of businessmen,understand commercial thinking,and attach importance to commercial characteristics. |
