The Research Of Theory And Practice On Illegal Possession Intent Of Financial Fraud Crime

In the recent years, fraud crimes in finical field are rising up with robustdevelopment of finical market and widespread utilization of finical tools. Especiallythe case about private debit and credit which is heating up in2011and the case of WuYing attract attention of public to concern and discuss the theme of the legal broad offinical domain. It also lead a large discussion in the academia of crime law. In thiscontext, this paper regard illegal possession intent of finical fraud crime as subject andresearch the standards of proof of illegal possession intent of finical fraud crimeincorporated with status quo of domestic legislation and judicial of crime. This paperis combined with three parts.In the first chapter, the paper explores basic theory of illegal possession intent offinical fraud crime. First of all, from the point of view of intent theory, this paperdefines the meaning of the intent of crime and clarifies the statue and function ofcrime law. And in these bases, the paper analyses the role of illegal possession intentin the constitutive requirement of finical fraud crimes and its relationship withcriminal offense. Secondly, from the point of view of possession theory, the paperdistinguishes the meaning of possession in the civil law and the criminal law. Afterthat, while combining the character of finical fraud crimes, the paper explore theproblems of possession intent, possession subject and its object. In the second chapter, the paper discusses dilemma of illegal possession intent offinical fraud crimes existed commonly in judicial practice at present. And it alsoanalyses comprehensively the proof path and shortcomings of academic standpoint.And based on this, the writer puts forward the solution of how to affirm the illegalpossession intent in the way of judicial presumption. Secondly, the writer analysesspecifically the present situation and the defects of the way of the judicialpresumption to clarify illegal possession intent of the finical fraud crimes combinedwith the actual judicial practice in China and the relevant laws, regulations andjudicial explanation.In the third chapter, the writer put forward his own way to improve the defects ofillegal possession intent of finical fraud crimes’ judicial presumption mentioned above.That is first to "with the basic facts to stick, dismissed the profits and losses of thefacts" as the main ideology, the use of criminal substantive and procedural laws oflinkage method, and construct a financial fraud crime "the illegal possession intent"judicial apprehended the basic standard and methods. Secondly, according to thedifferent characteristics of financial fraud crime, financial fraud crime will be dividedinto "short time type financial fraud crime" and "long time type financial fraud crime",and according to the different patterns of behavior and crime character and determinethe financial fraud crime "illegal possession intent" different judicial constructiveways.