Research On The Identification Of "Illegal Possession Purposes’’ In The Crime Of Fraud

With the development of market economy and the improvement of material level,the fraud behavior has occurred in real life,which can be very protective.At the same time,there is an upward trend in the judicial authority to accept the fraud cases,the amount is also rising,expanding the economic loss caused to the state and individuals,has a great social harm.Although in the current criminal law has provided a legal basis for punishing criminal fraud,and the provision of the purpose of illegal possession,but in judicial practice,for the purpose of illegal possession of determination of crime of fraud,is still a difficult problem.In the crime of fraud,the illegal possessiveness is an inner activity of the actor,which cannot be perceived by others.Different judicial people have different conclusions about whether the same behavior has the purpose of illegal possession,which leads to the conclusion that fraud is different from civil fraud.The author introduces two practical cases,which leads to the importance of the identification of illegal possession.In the distinction between crime of fraud and noncrime,the crime of fraud of the special and noncrime,that person whether has the purpose of illegal possession is the key point,and how to decide whether behavior person has the purpose of illegal possession,is facing the problem of theory and judicial practice.This paper first from the Angle of the theory of crime of fraud of the concept and constitutive requirements,the purpose of illegal possession status in the crime of fraud of the constitutive requirements,the crime of fraud of the boundary points and noncrime,the significance of this outline "the purpose of illegal possession" in the crime of fraud.Secondly,the paper introduces the status quo and existing problems of the "illegal possession purpose" in the crime of fraud from the theoretical,legislative and judicial aspects.Different scholars have different ideas about the purpose of illegal possession,and different theories are formed.In comparison with several theories,the author favors the sixth kind of lawlessness.See from different theories in our country criminal law theory of "the purpose of illegal possession" understand there are major differences,formed by the different doctrine seems have similarities,easy to confuse each other,the theoretical circle of criminal law about "the purpose of illegal possession" understand no consensus,will also affect the criminal legislation and judicial practice of crime of fraud of the cognizance of the purpose of illegal possession.The current legislation inChina also does not stipulate whether the crime of fraud needs to have the purpose of illegal possession.In judicial practice,the identification of the purpose of illegal possession is different,resulting in different treatment of the same case.Again,for countries outside illegal possession purpose theory research,to provide theoretical basis for the purpose of illegal possession crime of fraud and to our country about the crime of fraud of the purpose of illegal possession,recognition of the theoretical research and judicial practice.Finally,the author aimed at the existing problems from theory,legislation and judicial Suggestions to consummate the crime of fraud of the "purpose of illegal possession" in recognition of the countermeasures and Suggestions,the ultimate goal is to work in order to better guide the practice.By countries outside experience introduction,the author thinks that our country criminal law theory should be unified understanding,can draw lessons from the civil law countries compromise said illegal possession purpose,to perfect the crime of fraud of the theory of "the purpose of illegal possession".The "illegal possession purpose" is added to the legislation to constitute the main elements of the crime of fraud,and the "illegal possession purposes" in the crime of fraud are listed in a general way.The judicial method to improve the "illegal possession purpose" in the judicial system.