The Subjective Intent Of The Crime Of Economic Fraud Presumption

To judge whether the offender has the intention of illegal possession is a problem that often occurs but difficult to solve in the judicial practice. However, the intention of illegal possession is critical to the differentiation of crime and non-crime, this crime and that one. For its unique characteristics, the offender's confession, known as "the King of Evidence" , is certainly helpful for investigators to find the truth of the case, but it poses as an increasing challenge for economic fraud cases. Therefore, it is necessary for us to think carefully about how to proceed from the objective behavior and use the presumptive method to judge the subjective intent of the offender.Presumptive method, which is frequently used in judicial practice in US and UK, includes presumption of law and presumption of fact. In recent years, presumptive method has been attempted to determine the intent of illegal possession not only in theory but also in practice. The principle of presumption is to find out the universal and conventional relations between basic facts and presumptive facts. The value of criminal presumption to litigious cases resides in that it has changed the usual method of using direct evidence to confirm the elements of crime. Proceeding from objective behavior to presume the subjective intent of illegal possession in dealing with economic fraud cases could realize three functions of the criminal law, achieving the unification of contradictions between social protection and human rights protection, confirming the criminal elements which could not have been confirmed with direct evidence, enhancing the viability and practicability of judicial rules, which not only helps lowering the social cost of criminal legation and increasing the efficiency of criminal law, but also improves the quality of the law enforcement teams and brings about fundamental changes to the style of law enforcement.The practice of proceeding from objective behavior to the subjective intent is based on theories of philosophy, logic, legal and social sciences. Although subjective intent of illegal possession is only a kind of internal psychological activity, its existence is not disengaged from...