The Judicial Determination Of “The Purpose Of Illegal Possession” In The Crime Of Raising Funds

the purpose of illegal possession "is the difference between a fund-raising fraud and of important element of the crime of illegal absorb public deposits,although laws and judicial interpretations to the standard of clear,but due to the difference of theory and practice,in the judicial practice,for the purpose of illegal possession of,still face a variety of problems.Our country current law and judicial interpretation on illegal fund-raising crime's definition is not clear and,combined with practice have different understanding of the subjective important document and objective important document,there is a big controversy over the applicable charges.Because of the high crime rate of fund-raising fraud,it is also one of the most important crimes in practice.Targeted to find a solution to "the purpose of illegal possession" of the identified problems,to control the number of rising fund-raising fraud,and in the more accurate determination of judicial interpretation,constitute what crime is of great significance.In this paper,apart from the introduction and epilogue,the article mainly analyzes the identification of "illegal possession of purpose" from four parts.The first part of the article is an overview of the purpose of "illegal possession".From the general legal meaning of "illegal possession","illegal possession" in the criminal law and "illegal possession of the purpose" in the crime of raising funds,the three aspects are elaborated.First,it defines the meaning of "illegal possession" in general law,namely,the connotation of "illegal possession" in civil law.Secondly,it indicates the meaning of "illegal occupation" in the meaning of criminal law and compares it with the "illegal occupation" in civil law.Again,the fund-raising fraud in interpret the meaning of "the purpose of illegal possession" in Ming,on this basis,the detailed analysis of the "purpose of illegal possession" of different produce time,constitutes the crime of different.In addition,the paper analyzes the difference between "illegal possession purpose" and "illegal possession purpose" in the crime of capital raising and fraud.The second part of the article reviews the identification methods of "illegal occupation".This part mainly explains the definition of controversial constructive method and inference method and its application in judicial practice.First of all,the implication and characteristics of the method of inference are analyzed in detail,and the disadvantages of the method are presented.Secondly,based on the analysis of reasoning method,explain the relationship between inference method and reasoning,the reasoning method of a detailed explanation of the meaning and characteristics,at the same time,also in the same case,the use of the advantages of this method.Through the above comparison,the difference between the two is reflected.The third part of the article is the problem of one-way identification of "illegal occupation" in the crime of raising funds.From the three aspects detailed description: first,not fully adapt to the commercial characteristics.The specific meaning of commercial characteristics and the serious consequences of not fully considering this factor in the application are explained in detail.Commercial features fund-raising fraud is different from the ordinary crime of fraud of the particularity,namely financing as a kind of economic crime,crime of fraud is "purpose of illegal possession",want to combine the uncertainty of risk of the market economy,commercial thinking different thinking and judging merchant commercial act for-profit,and so on.Second,the standard is too simple.Both law and judicial interpretation is only stipulated that behavior person has the standard of "the purpose of illegal possession",gave no special circumstances do not have this purpose,nor given in combination with the characteristics of the economic crime behavior person to prove oneself do not have standard of "the purpose of illegal possession".Again,the question of reclaiming light defense is obvious.Due to the lack of consideration of its particularity in the identification of fund-raising fraud,the actor lacks the standard of "illegal possession".The defense view is difficult to be adopted by the judicial organs,and there is no relevant remedy way,which is very likely to be rejected by the defense.The fourth part of this article is the relevant Suggestions on the judicial determination of "illegal possession of the purpose" in the crime of raising funds.This part according to the above questions,gives the corresponding Suggestions: first,to not adapt to the commercial features,the author thinks,should increase based on commercial behavior to prove itself does not have the cognizance of "the purpose of illegal possession" method.In this aspect,it is proved by the necessity of counter-evidence and the internal correlation between the counter-evidence and the implementation of commercial thinking and the consideration of commercial characteristics.Second,to complement the identification standard.It is the lack of proof standards that makes it difficult to rule out "reasonable doubt".This shows the importance of the proof,which is explained in detail from the basis of establishing the proof standard and the application of the proof standard in practice.Thirdly,the guarantee mechanism will be implemented.It is because of the lack of corresponding anti-evidence standards that the defense opinion has no legal basis.In order to ensure that this standard is implemented,it is necessary to establish a complete record,description and relief system for the "non-adoption" of the defense opinion.In this way,not only can the defense view have the legal basis,the judge can carefully consider all the case evidence,but also can better protect the rights of the parties.Through the above analysis,the author believes that inference is the most suitable for judicial determination of "illegal possession purpose" in judicial practice.Using reasoning that way,can achieve "really,fully" fit evidence this requirement,to avoid the disadvantages of the uncertainty caused by using other means,can well solve in the practice of "the purpose of illegal possession" hard to believe this one.