The Discussion Of The Purpose Of Illegal Possession Of Fund-raising Fraud

The crime of fund-raising fraud is defined as using illegal methods to raise large amount of fund with the purpose of illegal possession. In the process of the recognition of the crime of fraudulent fund-raising, the most controversial issue is of its subjective aspect, especially the recognition of the purpose of illegal possession. The identification of the purpose of illegal possession in the judicial practice to deal with the with the financial fraud can not avoid, but also is a very confusing issue. Hence it is necessary to specially study the purpose of illegal possession of financial fraud.The basic connotation of the purpose of illegal possession is in order to obtain the ownership of the illegally raised funds subjectively, and use and disposal it objectively.Through the analysis of the basic concept of criminal law the possession and illegal possession in the first and second part, comparing the purpose of illegal possession theory in the continental law, discriminating the theoretical disagreement of the purpose of illegal possession in educational circles, defining the connotation of the purpose of illegal possession in the crime of fund-raising fraud.Comparing “1996 Interpretation”,“Minutes”and “2010 Interpretation” in the third part, the recognition of the purpose of illegal possession which is in tendency of extension of judicial control and prevention, reflecting as the extension of the meaning of illegal possession, prolongation of the ending time of subjective purpose raising,consecutive decline of judicial recognition standard and items and scope increased of judicial presumption. However there are objective and realistic reasons for the emergence of these problems. Through review the legislative process of the crime of fund-raising fraud, analysis of criminal policy of the economic area in the period of economic transformation, observe the trend of the financial crime in judicial field that subjective fact identified by objectivity, and make the corresponding analysis and explanation for the trend of expansion of judicial control.The current strictly standard used in recognition of the purpose of illegal possession of the crime of fraudulent fund-raising has many shortages and problems,there are optimization methods for the purpose of illegal possession in the fourth part.Insist the principle of responsibility and the unity of subjective and objective since it recognized, use the judicial presumption reasonably, strictly observed the rules of judicial presumption; implementing the criminal policy of temper justice with mercy reasonably, insist on the lenient identification standard; building a multi-level evaluation system, judging the purpose of fund-raising synthetically.