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

Posted on:2018-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y B LiFull Text:PDF
GTID:2336330512495504Subject:Fossus
Abstract/Summary:PDF Full Text Request
With the development of market economy,China's fraud case occurred annually in linear growth,on the subjective aspects of "illegal possession for the purpose of the identification,the scholars always have Public opinions are divergent.,but there is a common point is to make a reasonable presumption,careful crime.However,with all kinds of legal documents in the provisions of the imperfect and the reality of the new situation of fund-raising fraud in an endless stream,making it difficult to determine the crime in the judicial prevention and control,and sometimes even deviate from the legislative intent.In recent years,in order to strengthen the chaos in the political market,there are often only in the specific case of the pursuit of social effects,remediation effect,and abandoned the legal effect should be.This paper is based on the theoretical system of criminal law in China,which is divided into four chapters to discuss how to reasonably estimate the purpose of illegal possession.The first chapter introduces the Shanxi province Li Chun fund-raising fraud,and the case analysis: the second chapter is an overview the similarities and differences,introduced the current studies about the crime of fraud "illegal possession" several definitions,correctly grasp the "the purpose of illegal possession" meaning,rational development.The third chapter unifies our country of financial fraud,"the purpose of illegal possession" that the judicial inference,mainly discusses the shortcomings and the use of these judicial presumption,should pay attention to the formation of "subjective psychology: rational division of stages of the purpose of illegal possession".At the end of this chapter,we introduce the theoretical confusion caused by the theory and reality of the illegal purpose.The fourth chapter discusses the subjective and objective adhere to the consistent principle and keep the modesty of the criminal law principle,suggestions from the "people" and "line" and "punishment" in several aspects such as the formation of interconnected mutualcooperation mechanism,reasonable regulation of China's fund-raising crime.
Keywords/Search Tags:Fund fraud, Illegal possession, Illegal possession purpose, judicial notice
PDF Full Text Request
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