On The Criminal Presumption Of The Illegal Possession Purpose

Illegal possession purpose is a s ubjective elment,which is hard to be evidenced.Presumption is often used in j udicial practice.Illegal possession purpose is a necessary requirement in property concerning crim es,and it's also a vital condition to distinguish guilty from innocent,as well as to decide the category of the crime.The statue penalty on take-over property crimes is relatively heavy in our country.For example,China's criminal law sets up the life imprisonment and confiscation of property on the crime of fraud i n money raising.The top sentence is death penalty before the ninth amendment on criminal law.The top penalty on crime of defrauding a financial institution of loans and frauds on bills and financial certificates and the contract fraut the is life im prisonment.With the proceeding of opening and reform and the developm ent of m arket economy,fraud on fina ncial field becomes increasingly severe.‘ Humanity justice,bem oaning.' To avoid inappropriate application of law,it's of great necessity to study and better the presumption rules on crim es concerning illegal possession purpoe Problems exist in judicial practice,the existin g presumption rules is deficient.The obscuration of basic facts,the absence of presumption and evidence rules.Therefore,to improve the criminal presumption of illegal possession of the rules,we m ust be clear about the basis of presum ption of fact,th e relationship between the standard presum ption and the proof system,strengthen rules to protect th e defendant's refuting rights.