The Identification Of The Illegal Possession Of Fraudulent Crimes

As a subjective components of fraud crime, illegal posession has been many obstacles in the judicial cognizance. It not only delayed the process proceedings, resulting in a waste of judicial resources, but also not conducive to the maintenance of social order. Supreme People's Court issued a series of relevant judicial interpretations with the theory of criminal law, which leads to chaos at the trial around the court. In this paper, research purpose is the identification of fraud class crime's illegal possession, First, I summarize several focus occur in adjudicating from three cases of fraud class crime. Secondly, the definition ane generation time of illegal posession and the reletionship with criminal intention will be described. And after the introduction of demestic and foreign relevant theories,I put forward my own views. Then, combining the plight of judicial practice after having a understanding of relevant theories on purpose of illegal possession. Then come the need for illegal possession during the applicable presumption in identification, however, due to certain extent, the estimated increase in the burden on the defendant, it is necessary to restrice the application of the presumption, so that we can protect the legitimat rights and interests of the defendant better.