The Identification Of The Purpose Of Illegal Possession On The Crime Of Fraud By Raising Funds

In our country’s specific provisions of criminal law system, illegal possession purpose is the important subjective elements of some crime. In some crime,"illegal possession purpose" has become the important symbol to distinguish crime or not crime, this crime or other crimes. In our criminal law, the establishment of fraud by raising funds requires behavior person has the illegal possession purpose. All aspects of the illegal possession purpose of fraud by raising funds have been researched, but theoretical circles have not reached a consensus. So that cannot effectively guide judicial practice. Therefore, the systematic research of the illegal possession purpose of fraud by raising funds has very important theoretical and practical significance.This thesis take the identification of the purpose on illegal possession of the crime of fraud by raising funds as the research object. Take the connotation of illegal possession purpose of fraud by raising funds, the generation time of the illegal possession purpose of fraud by raising funds and the identification of the purpose on illegal possession of the crime of fraud by raising funds bye the presumption as the argument, systematically demonstrated the purpose of illegal possession crime of fraud by raising funds.The connotation of illegal possession purpose of fraud by raising funds is the precondition of the purpose of the illegal possession on the financial crime. For that only bye the connotation of illegal possession purpose of fraud by raising funds, we can judge that the illegal possession purpose exist or not. Firstly, this thesis cardings and comments "the connotation of the illegal possession purpose" in the domestic and foreign criminal law. In our country, the expression of connotation of illegal possession purpose in criminal law often compares with the connotation of illegal possession purpose in civil law. So this thesis points out the state of fact which the criminal law’s illegal possession purpose is different from the civil law’s, its essential meaning is all illegal intent. On this basis, this thesis defines the connotation of illegal possession purpose of fraud by raising funds. So the illegal possession purpose of fraud by raising funds is refers to control or dominate the raising funds, and intent to permanently exclude the holder and others control or interference. Then the boundary of the crime of fraud in financing and general fraud by raising funds is distinguished.It has important significance for the the accurate conviction and sentencing of the fraud by raising funds that when the purpose of illegal possession generated.In the act of illegal fund-raising, although different people all has the purpose of illegal possession, the difference of the generated time determined people’s behaviour constitute the crime of fraud by raising funds or other accusation.Firstly, the connotation and the determination principles of generation time of the illegal possession purpose are discussed. Then this thesis points out the generation time of the illegal possession purpose of fraud by raising funds should fall on when behavior person obtain funds with the acts of illegal fund-raising. On this basis, the illegal possession purpose is generated before or at the time of behavior person obtain investment fund with the acts of illegal fund-raising, the person’s behavior is the crime of fraud in financing. The illegal possession purpose is generated in the process of behavior person obtains investment fund with the acts of illegal fund-raising. The behavior before the illegal possession purpose is generated should be convicted and punished according to the illegal absorbing public deposits crime. After the illegal possession purpose is established, the financing behavior is the crime of fraud in financing, and should be punished with several crimes. The illegal possession purpose is generated after the time of behavior person obtains investment fund with the acts of illegal fund-raising, the person’s behavior is embezzlement or fraud.It is hard to identified whether the purpose of the fraud by raising funds exist or not,for it was corked up inside people. According to the principle of criminal law and human’s high probability rule of thumb, which is subjective projects to objective and objective behavior reflect the subjective status. In most cases, the illegal possession purpose is identified with presumption by considering the behavior person’s various aspects conditions and performance. The application of presumption does not cause the inversion of proof’s burden. On the one hand, the presumption transforms the proof object of the illegal possession purpose of fraud by raising funds for public security, procuratorial and other judicial. So transforming the proof of the illegal possession purpose to the proof of whether the basic fact is existence, and which reduces the difficulty on the proof. On the other hand, this also lead to criminal suspect and defendant undertake the burden of proof on the behavioral significance. If the behavior person wants to exclude the application of the presumption, certain evidence must be put forward to refute the presumption. And according to the principle of no punishment in doubtful cases, in terms of the illegal possession purpose, the behavior person’s retort only need to make itself fall into a state of authenticity which is unknown.