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Research On The Purpose Of Illegal Possession Of The Crime Of Fraudulent Fund-Raising

Posted on:2017-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y M ZhangFull Text:PDF
GTID:2336330503987733Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of illegal possession of the crime of fraudulent fund-raising includes double meanings:First,when the people frauds to raise funds for illegal fund-raising,he or she has already held the subjective purpose to exclude the control of the victims or the third person.Second,when these illegal fund-raising funds are in their own control,they will try to seek certain benefits.We must identify the basic principles of illegal possession of the purpose of fund-raising fraud,which include the principle of unity of subjective and objective,the principle of behavior and responsibility,the principle of paying equal attention to the protection benefit and protect the rights of the defendant.We must adhere to the principle of presumption of method found in illegal possession of fund-raising fraud.The supreme people’s court in the judicial interpretation provisions on the crime of fraud of the fund-raising purpose of illegal possession has its progressive significance.But there are also some shortages, which we need to further improve.In order to identify the purpose of illegal possession of the crime of fraudulent fund-raising need to adhere to the scientific path identified,which is based on the behavioral recognition.It should be guided by theory of crimes in common partly, be incredulous of oral confession,and be paid attention to the dynamic changes of the joint criminal procedure.Only in this way,can we distinguish between this crime and that crime,and achieve a fair judgment.
Keywords/Search Tags:Fund-raising fraud, Purpose of illegal possession, Presumption, Judicial interpretation
PDF Full Text Request
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