The Cognizance Of Liu Daiwei Fund-raising Fraud Subjective Purpose

In recent years, development of the private capital markets to promote capital flows, active in the market economy. However, the lack of private capital market development and regulatory norms, raising private finance fraud in the name of rampant. Fund-raising fraud a serious infringement of private property ownership, disrupting the country’s financial management order. As a financial fraud in the most serious harm to financial fraud, often involving a huge number of the number of victims, wide distribution, victims of economic losses, even lose the basic material conditions for survival. To this end, the judicial practice should be accurate characterization of fund-raising fraud against the law. But whether or judicial practice in criminal theories of fund-raising fraud identified where there is a need to explore.This paper is divided into four parts, with Liu Daiwei fraud on behalf of an example, identified the focus of fund-raising fraud controversy crime, a detailed analysis of criminal theories focus on the controversial practice of different views and judicial problems identified and then made illegal fund-raising fraud possession of theoretical analysis and methods of judicial presumption purposes.The first part introduces the situation of the Liu Daiwei fraud case. Through the analysis of Liu Daiwei the basic facts of the case, introduced the controversial opinions on handling of the case, and then extracted in this paper intends to study the focus problems is the purpose of illegal possession.The second part is the analysis of the basic legal fraud subjective objective identified from the abstract point of view, focuses on the analysis of the purpose of illegal possession, the connotation, elements, identify subjective factors need to be considered illegal possession purpose. Finally put forward the determination method of subjective purpose of illegal possession.The third part is the theory and the case analysis of specific binding, have the purpose of illegal possession time, identified elements and judicial presumption subjective Liu Daiwei. In this part, through the analysis of the case of Liu Daiwei, a combination of theoretical analysis and specific cases of application of judicial presumption.The fourth part is based on the above three parts of elaboration, analysis and processing of financial fraud to from two aspects of theory and practice, combining with legal analysis and judicial presumption comprehensive review identified fund-raising fraud, illegal possession purpose.