Research On "Illegal Possession Purpose" Of Crime Of Raising Funding Fraud

Recent years,with the vigorous development of China's economy,the material wealth of the society has continuously increased,and the material life of the people has become increasingly abundant.Under the premise of meeting daily expenses,disposable income is more than adequate.Finding new financial management methods has become a hot topic of concern..However,in real life,there are few private investment channels,and the investment market is imperfect.In addition,the huge temptation to raise high returns illegally leads to the continuous occurrence of illegal fund-raising cases.Such crimes involve not only huge sums of money,but also a large number of victims.In particular,fund-raising fraud crimes not only infringe on the ownership of public and private property,but also seriously jeopardize the country's financial management order.Even if strict criminal regulations are adopted,there is no containment.The trend of living fraud crimes continues to spread,and disposing of such cases has used a lot of human,material and financial resources of the judicial authorities.Not only that,the issue of disposing of fund-raising fraud has become a headache for the government.In real life,investors are unclear about the risk of fundraising.Once the investment is difficult to recover,the losses are heavy,or the situation of losing everything,investors,especially the people,expect the government to safeguard its investment interests.If the government fails to deal with it in time,there will be some group incidents or excessive actions,which will lead to a large number of public security problems and seriously affect social stability.The most controversial process in the process of identifying the crime of fraud in fundraising is the issue of the identification of "the purpose of illegal possession" in the subjective aspect of the crime.In order to guide the judicial determination of "the purpose of illegal possession," the Supreme People's Court has promulgated three judicial normative documents with a view to clarifying and perfecting the criteria for the identification of "the purpose of illegal possession." However,there are still many problems in judicial practice that are difficult to solve and make the judicial system Cognizance faces difficulties.Therefore,the author thinks that it is necessary to carry out a special study on the "illegal possession purpose" in the crime of fund-raising fraud in combination with our country's criminal legislation and judicial practice.In judicial determination,“illegal possession” is often confused with concepts such as “illegal possession”.In order to clarify their differences and resolve disputes in theory and practice,it is necessary to start from the nature of "illegal possession",it accurately defines the connotation of "illegal possession".On this basis,the connotation of "improper possession purpose" is further defined through the comparative analysis of the theory of "illegal possession purpose" in domestic and foreign criminal laws.The timing of the “illegal possession purpose” not only has an impact on the conviction,but also plays a key role in sentencing.Therefore,it is of great significance to correctly define when the “illegal possession purpose” of fraud in fundraising fraud is established for the determination of the crime of fundraising fraud.This paper divides the different stages of production time into three kinds: pre-event,intra-event,and post-event,and discusses the impact of convictions and the existence of unfinished fraudulent forms of fraud in various stages in order to determine the special form of fraud in judicial practice.The problem provides some help.The crime of fraud and fundraising crime is a general and special relationship.The two have similarities and differences in the methods and criteria for determining the purpose of “illegal possession”.It is not difficult to compare the effectiveness of judicial determination through statistical research methods.It is difficult to identify the predicament of "legal suspicion" for the purpose of "illegal possession" of fund-raising fraud.In order to solve this dilemma,we must start from the cause of the dilemma.On the basis of grasping the cause of the dilemma,the author tries to establish a solution path from three aspects: First,implement commercial thinking and attach importance to commercial characteristics.On the basis of grasping the particularity of merchants,they respected the autonomy of merchants and set up special protection measures to promote commercial transactions.Second,they paid attention to counter-evidence and established counter-evidence standards.The use of anti-evidence to ensure the reliability of positive push results;third is to optimize the method of calculating the amount of fraud.It is necessary to uphold and implement the principle of refinement of judicial determination in the determination of the direction of fund collection,and asset disposal should adhere to the principle of transparency.In short,through the combination of positive push and negative evidence,it will be able to ensure that the presumption result reaches the level of “eliminating reasonable suspicion” to solve the reality of our country.