Research Fund-raising Fraud Illegal Possession Purpose

Under the market economy environment, the enterprise will encounter all sorts of problems in order to adapt to the development, in order to solve the problem by borrowing money sex, objectively prompted the active development of the folk financial activities. Things are has two sides, at the time of booming private financing activities, also can bring a lot of financial activities of chaos, and even major financial risks. Especially in the country’s financial regulation, tightening of lending and the expansion of the enterprises of the need to case, the small and medium-sized enterprises can only be helpless choice of low cost, high efficiency of private lending. In order to ensure the effective state of financial control, and informal lending risk, country and to raise kind of criminal charges, such as the crime of illegal absorb public deposits, fund-raising fraud, etc shall be investigated for relevant personnel of criminal responsibility. But in judicial practice, the civil folk lending, criminal crime of illegal absorb public deposits and fund-raising fraud between boundary is not clear, often to distinguish whether has the purpose of illegal possession. Especially in the judicial interpretation stipulates clearly the difference between the crime of illegal absorb public deposits and fund-raising fraud is the cognizance of the purpose of illegal possession. Thus the cognizance of "the purpose of illegal possession" is not only one of the most important aspects of the fund-raising fraud subjective cognizance, is also the difference between a fund-raising fraud and other financial fraud, an important factor of civil disputes. Given the importance of the purpose of illegal possession, the cognizance of the judicial interpretation for the purpose of illegal possession, made specific provision, but still has difficulty in judicial practice, subjective cognizance is tough, subjective cognizance standard simplification and subjective to produce the problem such as time judgment blurred. So it is necessary for the purpose of illegal possession from two aspects of theory and practice to do a comb, as far as possible to provide judicial affairs effective path.In this paper, the first chapter is introduction, mainly introduced the research background of this article, research methods, research purpose and meaning. The first section mainly introduces research background, this paper includes the crime of fraud of the fund-raising objective to study the realistic need of illegal possession and the judicial interpretation in the existing regulations in China. The second section is the research methods of this article, it is pointed out that in this paper, we use the case study method. Introduced the case study method is introduced in this paper, the research materials and data. The third section is the purpose and significance of this study. Introduces the research of this paper is not only to solve existing problems in crime of fraud of the fund-raising purpose of illegal possession, judicial interpretation, especially in order to more reasonable and effective use in the judicial practice.In this paper, the second chapter through the enumeration method to an existing illegal possession purpose theory to comb. The content in this chapter is mainly about the UK, Germany, Japan, and China’s list of the doctrine of the purpose of illegal possession of, and given the theory influenced by Japanese theory in our country, and emphatically introduces the Japanese doctrine about illegal possession purpose. Hoping to an illegal possession purpose is introduced to find the most appropriate theory to apply to the judicial practice.In this paper, the third chapter mainly introduces the present situation of the crime of fraud of the fund-raising purpose of illegal possession. First of all, for the purpose of illegal possession crime of fraud existing funding judicial interpretation of the comb, including Chinese and foreign regulations introduced by the relevant laws and regulations. Second, the main use statistical software to analyze 324 fund-raising fraud case to understand the situation of crime of fraud of the fund-raising purpose of illegal possession, the judicial practice.In this paper, the fourth chapter is mainly on the basis of the analysis of the status quo basis to learn about fund-raising fraud problems that exist in the purpose of illegal possession in the judicial practice. The first part is the purpose of illegal possession in countries in the contents of the laws and regulations, as well as our country the development of the purpose of illegal possession, judicial interpretations, analyzes the judicial interpretation of the problems existing in the purpose of illegal possession rules. The second part through to the fund-raising fraud case summary, including the basic situation, development trend and the defender case, case, defendant’s opinion, circumstances and so on the dispute and court to illustrate problems existing in the purpose of illegal possession in the judicial practice.Chapter v of this article is based on the analysis of the problems for the purpose of illegal possession in the fourth chapter, proposed the solution. This chapter mainly from two aspects to begin, on the one hand is to choose the effective theory, provide theoretical support for the judicial practice. On the other hand is a crime of fraud of the raising funds for the purpose of illegal possession in the judicial practice concrete application. This paper puts forward a method of judicial practice, hope that through the pros and cons to determine the establishment of the purpose of illegal possession or not.