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On The Legitimate Purpose Of Illegal Possession’s Identification In Economic Fraud Crime

Posted on:2013-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:W J AnFull Text:PDF
GTID:2246330374489221Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of illegal possession of economic fraud crime is the intention that the behavior person want take the ownership of the property rights from others is properly right. The purpose of illegal possession of economic fraud crime is the problem that has been troubling judicial area. In the crime of fund raising fraud, the crime of loan fraud, and the contract fraud three economic fraud crimes, the law expressly provides should have the purpose of illegal possession. Meantime, the current laws and recognition standard have a lot defects, such as the substantive law and procedural law cannot be effectively interacted, criminal presumption has no legal status and failed to pay attention to the behaviors’counterevidence and so on. In the background that the lawsuit is dominated by the judicial authority, to recognize the purpose of illegal possession of the three sins, we should investigate it comprehensively by the law, with a strict use of criminal presumption. For the purposes of the financial fraud investigated in terms of ability to repay from the behavior of the actual performance behavior, fraud and the use of raised funds. Crime of Fraud in Loan of illegal possession of the purpose, should be whether the loan is repaid, the loan purpose, repayment ability, and repayment behavior, whether there can not be returned or refused to return of behavior investigated. Contract fraud criminal purpose of crime, from acts of fraud, the actual performance capabilities and the performance that a correct view of the time go into hiding behavior and purpose of the inspection. At the same time, we should consider fully of the actors’counterevidence in order to draw the most essential conclusion. The analysis of the three sins’purpose of illegal possession plays a practical significance role in justice.
Keywords/Search Tags:crime of fund raising fraud, crime of loan fraud, crime of contractfraud, the purpose of illegal possession, recognition
PDF Full Text Request
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