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Define The Purpose Of Illegal Possession Of The Crime Of Fund-raising Fraud

Posted on:2015-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:M Y SunFull Text:PDF
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Fund-raising fraud is an important financial fraud crime in the special provisionsof criminal law, belongs to Crimes of Disrupting the Order of the Socialist MarketEconomy. Therefore constitute the crime mean the destruction of the normaleconomic order, and violation of the company’s property ownership. With thecontinuous development of market economy,gradually into the public view. Thiskind of case from scratch, from less to more, and now such as a blowout occurred,seriously disrupting the normal financial order state, against the vital interests of thepeople. But the legislative process of the crime regulation lags relatively, numerouscases occurred could not go, so that there are similar to "summary" and other nonstandardized documents adopted,"be wise after the event" too. And in the subjectivecrime of fraud in financing, often "by fruit abductive"------the objective subjectivejudgment, greatly increases the risk of emergence of wrong."The purpose of illegal possession" of financial fraud as identified subjectivecomponents, not only for the identification of fund-raising fraud plays a vital role, butalso on how much the amount of crime and identified the perpetrator subjectivevicious size provides an important basis. In order to accurately identify illegalpossession of financial fraud purposes, we not only want to make a precise definitionof the concept itself connotation and denotation, but also on the corresponding need to follow the principle of the presumption of Justice and the factors to be considered fulland comprehensive analysis. For the purpose of illegal possession accuratecognizance of crime of fraud in financing, we not only need the denotation andconnotation of the concept itself clearly defined, but also to analyze comprehensivelythe corresponding judicial presumption need to follow the principles andconsiderations.This paper is divided into four chapters, the first chapter is an overview of thefocuses on clarifying the "illegal possession" in criminal law and civil law in "illegalpossession", the concept of different departments under the same, although literallyhas different connotation. The second chapter of our existing identification fraud "thepurpose of illegal possession" legal provisions for analysis, and focuses on theimportant--judicial presumption means that fraud "the purpose of illegal possession".The third chapter mainly discusses from two aspects: one is "time to have the purposeof illegal possession" as the basis, the beforehand, afterwards "discusses the purposeof illegal possession"; the two is the three elements from the subjective factor,behavior factor and results, elaborated on the crime of fraud in financing behavior thepurpose of illegal possession of judicial presumption basis. In the fourth chapter,Yushu City in Shaanxi province Wen a fraud case as an example to analyze the crimeof fraud, innovative purpose of illegal possession is out of discussion can becomposed of indirect intentional subjective point of view.
Keywords/Search Tags:fund-raising fraud, The purpose of illegal possession, judicial presumption, subjective aspect
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