Research On The Purpose Of Illegal Possession In The Crime Of Financial Fraud And Criminal Presumption

In the course of theory and practice of the financial criminal law. I have taken agreat interest in the research of the purpose of illegal possession in the crime offinancial fraud when I learned in class from the famous professor. As we allknow,whether the defendant has the purpose of illegal possession or not，is animportant boundary point between guilty and not guilty, this crime and that crime.Meanwhile，the legal punishment of the financial criminal law is so heavy. In the caseof financial fraud, the highest legal punishment of the crime of the Fund-raising Fraudcan be sentenced to life imprisonment or death, and with side sentence of confiscationof property. The crime of loan Fraud，the crime of Bill Fraud,the crime of theFinancial Instrument Fraud，the crime of the Letter of Credit Fraud，the crime of theCredit Card Fraud，the crime of the Securities Fraud，the highest legal punishment canbe a fixed-term imprisonment of not less than10years or life imprisonment. Andconcurrently ordered to pay a fine of between fifty thousand yuan and five hundredthousand yuan or confiscation of property. In the case of Insurance Fraud, the highestlegal punishment shall be a fixed-term imprisonment of not less than10years. Inconsideration of the human justice and compassion,these heavy penalties deprive thecriminals of their personal freedom, or confiscation of property. Even heavy penaltydeprive the criminals of their lives.So, in order to avoid misapplying the felonyprovisions of the crime of financial fraud, it is especially necessary to study the purpose of illegal possession in the crime of financial fraud.The thesis is divided into the following four chapters:The first chapter researches the meaning and character of the purpose of illegalpossession in the pattern of Chinese and foreign comparative study. The jurists in thecivil law countries define the meaning of the purpose of illegal possession in threekinds of theories, exactly eclecticism theory, the theory of exclusion of right, thetheory of utilize and dispose the rights.But the common law system tends to accept thetheory of the exclusion of rights. But the jurists put forward three theories in ourcountry, exactly the theory of intention to possess,eclecticism theory,the theory ofdouble purposes.In comparing and analyzing the advantages and disadvantages ofvarious doctrines,this article intends to adopt eclecticism theory. Secondly, in regardto the nature of the purpose of illegal possession,our conclusion is that the purpose ofillegal possession surpass the factors of subjective.The second chapter explores the theory of the purpose of illegal possession.Thisarticle mainly elaborates the relationship between the purpose of illegal possessionand objective behavior, and the findings of the elements contributing to the purpose ofillegal possession,and the timing of the purpose of illegal possession.The third chapter researches the rules of criminal presumption of the purpose ofillegal possession of the crime of financial fraud. This chapter first expounds themeaning of legal presumption and fact presumption under the Chinese and foreigncomparative perspective.And tries to prove the rationality and feasibility of using therules of criminal presumption. And finally put forward components of the rules ofcriminal presumption and it’s reasoning structure chart.The fourth chapter researches the purpose of illegal possession of a specificfinancial fraud crime from the perspective of case study，combining the theories thefirst three chapter with the specific classic judicial case, Guo Jiansheng’s case of loanfraud in this chapter.But due to the limitation of Paper length, this article only restrictsits discussion to the study of loan fraud. In the judicial case,we will try to explore howto use the rules of criminal presumption’s reasoning structure chart， for the sake ofdeducing the purpose of illegal possession of the crime of loan fraud.