Judicial Determination Of The "Purpose Of Illegal Possession" Inthe Crime Of Fundraising Fraud

With the further development and change of social economy,fraud means emerge one after another,the amount of the crime of fund-raising fraud is increasing,and the crime involves a large number of people,the funds involved in the case are huge,the social impact is widespread.If it is not cracked down and stopped in time,it will seriously damage the property ownership of citizens and the state’s financial management order.In the process of determining whether the actor constitutes the crime of fraud in fund-raising,there is a great controversy on the subjective aspect of the crime,especially on the identification of the purpose of illegal possession.In the specific provisions of the Criminal Law of our country,it is clearly stipulated that "the purpose of illegal possession" is an important component of the crime of fund-raising fraud,the accurate identification of the "illegal possession purpose" of the crime of fund-raising fraud is conducive to the correct determination of the crime and sentencing in the handling of such cases by public security organs,and is of positive significance in distinguishing between crime and non-crime,this crime and the other crime,furthermore,it plays an important role in maintaining our people’s happiness and social stability.However,the theory circle of criminal law has not reached a consensus on this component,which can not provide effective guidance for judicial practice.Therefore,the comprehensive and in-depth analysis of this issue has an important theoretical and practical role.From the perspective of practical cases,this paper selects 120 refereeing documents of second instance,which are of comparative research significance,as samples through the China refereeing network,this paper analyzes and summarizes the problems existing in the judicial practice of "illegal possession purpose" in the crime of fund-raising fraud,and makes an in-depth analysis,at the same time attempts to put forward corresponding solutions,so as to get more effective use in many judicial practices.The foreword combines the background of the crime of fraud,summarizes the research situation of many countries at home and abroad,expounds the purpose of illegal possession of the crime of fraud,and makes the concept clear.In the first chapter,the author analyzes the present situation of the judicial cognizance of the illegal possession purpose of the crime of financing fraud in our country,introduces the standard of the judgment document selection in this article,and through the sample cases,finds that the Public Security Bureau,the procuratorate,the court and the Defense Party,when they cognizance the same behavior of the actor,get the situation that constitutes different crime,and find that the difference is caused by the cognizance of the illegal possession purpose.Starting from the three judicial interpretations promulgated by the Supreme Law,this paper studies the main existing judicial cognizance bases,and expounds in detail the judicial cognizance ways of "the purpose of illegal possession",so as to understand that the cognizance of the purpose of illegal possession in judicial cases is its main dispute point.The second chapter points out the shortcomings of the current way of identification,that is,not dividing the forming time of "the purpose of illegal possession",expanding the interpretation of its connotation,there is an objective tendency to incriminate,there is no consideration of commercial characteristics and judicial reasoning.Thirdly,the causes of the problems in the above five aspects are analyzed in detail,such as the ambiguity of the identification basis of the emergence time of "the purpose of illegal possession",the ambiguity of the interpretation of the law,the tendency of accepting the objective incrimination in fact in the current judicial interpretation,the current identification standard does not adapt to the characteristics of commercial affairs,and the ambiguity of the judicial presumption standard.Finally,the paper puts forward a solution to the problem of the identification of the purpose of illegal possession in the crime of financing fraud,and points out that the time point of the emergence of the purpose of illegal possession should be made clear,the connotation of possession should be strictly explained,the improper expansion should be prevented,the unification of subjectivity and objectivity should be persisted,the consideration of Commercial Act should be strengthened,and the negative inference should be added.Starting from these five aspects,suggestions and suggestions.