Research On The Intention Of Illegal Possession In The Crime Of Financial Fraud

Financial fraud not only undermines the financial management order in a state, but also violates the public or private property ownership. From the view of legislation goals, value orientation or legal interpretation in present Chinese criminal law, it can only be formed by immediate intention, while negligence and indirect intention cannot constitute this crime. And the intention of illegal possession has become a necessary element of subjective constructive conditions in all of the financial frauds, but not as a selective element, its existence or not directly determines whether some crimes come into being or not, and even determines which crime has constituented . The illegal possession in criminal law must be owned all meant subjectively, and objectively, actor must get the actual controlling right of the property, namely the fact that dominated possession, the subject of this crime could be actor or the 3rd person, however, its object must be the others' property, and this act must be illegal. As for the time of the occurrence of the intention of illegal possession, it can be judged according to a reference point, which the offender hold others' property illegally, the subjective intention should precede the implementing of the financial fraud, at least, must be at the same time, when the actor has three conditions samely, which is the offender possess wealth prostitution possibility and make property entirely delivered from all people control. How to understand and determine the intention of illegal possession in the crime of financial fraud correctly, therefore, is an important topic for criminal law theory and in practical sector. Using judicial presumption strictly to determine this subjective intention is a feasible way for such means not only could help judicial organs alleviate the cognizance difficulties, but also improve the theory system of the crime of financial fraud furtherly.