The Identification Of The Purpose Of Illegal Possession Of Funding-raising Fraud Crime

Recent years, funding-raising fraud crime has caused wide public concern. The case of Wu Ying, Zeng Chengjie caused great discussion. According to Criminal Law, crime of the funding-raising fraud mainly deals with crimes with illegal funding. As one of the controversial crimes, fund-raising fraud crime may deprive offenders’life, thus it is necessary to do some researches on it. The article focuses on identification of the purpose of illegal possession of funding-raising fraud crime. It can be divided into three parts:The first chapter raises some questions. Firstly, by collecting cases of funding-raising fraud crime, the author makes a briefly summary, including characteristic of the crime, characteristic of the judgments and the disputes in the purpose of illegal possession of fundraising fraud crime in judicature recognization. Secondly, raise the question of the purpose of illegal possession of fundraising fraud crime, talk about difficulties in judicature recognization and the necessity of the study on it.The second chapter combines the relevant theory of criminal law, the author analysis the three difficulties in judicature. Firstly, the author discusses the major defect of presumption method. The article talks about different results of presumption, and then analysis the factual basis of the purpose of illegal possession. Secondly, make study on the point of time on the purpose of illegal possession, and discuss the influence of the criterions for the conviction. At last, the article talks about the relationship between the purpose of illegal possession and objective elements of funding-raising fraud crime.The third chapter, solve the problem. Firstly, the article makes a conclusion on common practice in the judicial practice and the inspiration from it, the rule of the unification of subjectivity and objectivity should be obeyed. Secondly, the article illuminates the point of time of the purpose of illegal possession. Thirdly, the article about presumption method, and comes up with a idea of construction of" basic fact groups".