The Judicial Determination Of The Purpose Of Illegal Possession Of Fraud

Constitute a criminal fraud subjective need to have "illegal possession", it is a kind of illegal possession, not confused with the civil law on the "possession" violations.As a conviction elements, it belongs to the psychological activity category, purpose of illegal possession not like objective elements exist objectively, it need shall be determined in accordance with the criminal presumption on procedural. Therefore, it must be used constructive method, according to the objective existence of the fact inference behavior person the existence of the subjective purpose. Our current fraud crime according to the relevant provisions of the criminal law, there are three main categories namely:financial fraud crime, contract fraud crime, common crime of fraud. This paper explored the general purpose of illegal possession fraud. This article makes a concrete analysis of the crime of fraud of the subjective questions, to facilitate better considered the purpose of illegal possession of fraud crime in the judicial practice.This paper will be divided into four parts; the specific content is as follows:The first part is a typical case and focused disputes. Through the case raises research questions, and put forward my views. The second part is an in-depth analysis of the subjective element of fraud. The third part is purpose of illegal possession of fraud in different theories and disputes in various countries. The forth part is defines the purpose of illegal possession and distinction, and utilize the principle of presumption identified purpose of illegal possession of fraud more fully.