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

With the progress of social and economic development， in order to protect thelegal property rights and interests of citizens， crack down on illegal and criminalactivities， create a harmonious society， we need constantly perfecting our country’slaw， which provide solid legal guarantee for the modernization construction.Propertycrime get more and more attention in recent years， and the crime of fraudulentfund-raising become serious threat to social stability.It has become common， by theDong Gang fraudulent fund-raising case， the Jilin Haitian fraudulent fund-raisingcase and the Wu Ying case.Fund-raising fraud is often with great social harmfulness，and serious threat to citizens and property safety of the country.In order to maintainsocial stability， protecting citizens’ property rights，“criminal law”rules the crime offraudulent fund-raising in Article192.Based on the serious social harmfulness offund-raising fraud and the severity of the state on cracking down fund-raising fraud，the research on the constitutive factor of fund-raising fraud， the purpose of illegalpossession， is very significance.“Purpose of illegal possession” is determined to raise the subjective aspects ofcrime of fraud. And the subjective psychological activity is concealment andcomplexity， how to identify this in the judicial practice accurately that is a bigproblem.In the judicial practice in our country at present there is some doubt about identifying “the purpose of illegal possession” and the procedure. Whether “thepurpose of illegal possession” can be accurately identified or not is related to thedetermination of the charges and punishment of the crime suspect， our country’sjudicial authority， and the construction of the rule of law in our country.To safeguardour country’s judicial justice and authority， the author put forward the correspondingsolutions on the confusion in practice in the “Purpose of illegal possession”.First ofall， concluded that “the purpose of illegal possession” to adhere to the principle ofsubjective and objective is consistent， avoid conviction， according to the results ofthe loss only objective textual research to the speech and behavior; Next， want tohave full， really the purpose of the proof of funding and unable to return the realreason， beyond a reasonable doubt on the basis of the correct application of law;Finally， insist on the principle of less evaluation and multiple charges under theprinciple of combined punishment for several crimes， based on facts and take law asthe criterion， safeguard judicial authority and justice.Clear concept and connotation of “the purpose of illegal possession”， usingcomprehensive analysis method and comparative method， both at home and abroadabout the provisions of the “Purpose of illegal possession” in-depth analysis andstudy， understand our country about “the purpose of illegal possession” legislationpresent situation and the research status， understand the foreign research status about“the purpose of illegal possession”， for analyzing problems existing in the judicialpractice in our country to lay the foundation. From that of “the purpose of illegalpossession”， analytic theory combined with judicial practice illegal purpose ofconfusion， draw lessons from the continental law system and Anglo-American lawsystem countries’experience in this field，make correct cognizance purpose of illegalpossession， lay a foundation for the correct conviction sentencing， set up theauthority of law， promote the construction of the rule of law society.