Illegal Possession Purpose Of Fund-raising Fraud

The crime of fund-raising fraud is defined as using illegal methods to raise largeamount of fund with the purpose of illegal possession. The subjective requirementsfor this crime are, firstly, it needs to be intended. Secondly, the illegal behavior isconducted with illegal possession purpose. The definition of “illegal possessionpurpose” is criminal(s) using illegal control and management of raised property andintended for permanent possession. According to the principle of crime constitution inChina, the intention of conducting crime is defined as the perpetrator is under alaissez-faire psychological situation that even he/she realizes his/her adverse impacton social security and stability.“illegal possession purpose” is regarded as subjectiveexcess factor of raise-fund fraud. In this essay, the timeframe of conducting “illegalpossession purpose” could define as both before and after the events. The mainpublished judicial guides for “illegal possession purpose” in fund-raising fraud placeover-emphasis on objective results and would lead to objective crime conviction.Under such circumstances, improvement should be made to solve this imbeddedproblem. To be specifically, during presumption of the crime, facts and evidenceshould be under comprehensive consideration. Meanwhile, both objective andsubjective aspects needed to be considered and discussed. A double evaluation systemis encouraged for holistic and accurate crime analysis, and supporting measures forthe presumption of “illegal possession purpose” requires further development andstrengthen.