On The Purpose Of "Illegal Possession" In Fund Raising Fraud

"Illegal possession",as a kind of over subjective factor for conviction on crime of fraudulent fund-raising,which is not within the scope of subjective will,has a high degree of abstraction and referential opaque.It is rather tricky to presume the intention of illegal possession in judicial practice.In judicial practice,there are three judicial interpretations at present on determination of the intention of illegal possession to identify the subjective intention,which are based on acquisition and use of the fund,repayment and so on,rather than the offender's external behavior.It obviously runs counter to the principle that behavior should be with responsibility and therefore results in the chaos and dilemma of judicial presumption in practice.The perfection of judicial presumption should be based on specifications of the criminal law,should follow the basic principle that behavior should be with responsibility and should clarify the concept of “illegal possession”,so as to construct the principles and methods of judicial presumption,to provide guidance and support for the judicial practice,to protect the human rights of a suspect and the public property rights,and to realize the unity of personal interests and social interests.