Research On The Determination Of Illegal Possession Purpose Of Fund-Raising Fraud

Since the reform and opening up,our country’s economy has developed rapidly,which has led to the demand for the exuberant capital of the enterprises.If enterprises want to expand their production scale to gain more profits or grow stronger,they must continue to inject capital"blood".In the current financial system of our country,since the second half of 2007,the central bank has passed more.Increasing the deposit reserve ratio and the benchmark interest rate and strictly controlling the total amount of money and credit,this side causes the loan difficulty to increase.It is difficult for the small and medium-sized private enterprises to obtain credit satisfaction from the bank and the current situation of the imbalance between supply and demand of social funds.On the other hand,with the improvement of the living standard of the people,the surplus funds will be owned.There will be a demand for investment income,so these social leisure funds will become the target of illegal capital collection for small and medium-sized private enterprises,and then the illegal fund raising activities are constantly occurring on a large scale.The crime of collecting capital fraud generally involves a large number of people,the amount involved in the case is huge,the scope of the crime is wide,and the property security of the people is seriously threatened.It is very easy to cause bad mass incidents and produce many factors that undermine social stability.Therefore,the crime of fund-raising fraud is the focus of China’s fight against financial crimes.A significant component of the crime of fund-raising fraud is a subjective element of illegal possession.In judicial practice,it is of great significance to identify the purpose of illegal possession to distinguish between the crime and the crime,and whether the criminal suspect is accurately convicted and sentencing.However,the purpose of non legal possession exists in the criminal suspect.In the subjective heart,it is unavoidable to determine its subjective intention through its external activities in the process of identification.Therefore,it may cause the impropriety of the penalty in the case of presumption of high probability.The theorists also have a lot of arguments on the identification of the illegal possession purpose of the crime of fund-raising fraud.Under this background,the author combines the current judicial practice and legislation status of our country to study the purpose of illegal possession of the crime of fund-raising fraud.The second chapter of this paper,through a brief description of the controversial case of"Wu Ying case" in recent years,analyzes the thought of the identification of the crime of illegal fund-raising in the "Wu Ying case",and finds out the existing problems,which leads to the many problems in the identification of the purpose of the illegal possession of the crime of fund-raising fraud.In the third chapter,the connotation of the purpose of illegal possession is defined,from the meaning of possession,the meaning of possession in criminal law and civil law is different,and then the connotation of the purpose of illegal possession in the criminal law is expounded,the views on the purpose of illegal possession are analyzed,and the views on the purpose of illegal possession are summarized.After discussing the above macroscopic theory,focusing on the connotation of the purpose of the illegal possession in the crime of fund collecting fraud;the first is to sort out the point of view and finally draw the definition result.The fourth chapter expounds the principles and methods of the identification of the crime of "illegal possession",mainly from the principle of the unification of subjective and objective standards and the principle of behavior and responsibility.The methods of identification mainly discuss the applicable principles of judicial presumption and the problems that should be paid attention to,as well as the relevant provisions on the determination of the purpose of illegal possession.The fifth chapter puts forward the existing problems in the determination of the purpose of the illegal possession of the crime of fund-raising fraud in China,mainly from the time of the illegal possession of the purpose,the defects of the application of the presumption method and the three aspects of the objective guilt in the process of identification,and the commercial characteristics and the unidirectional presumption standards of the crime of fund-raising fraud.Then,in this chapter,the author puts forward the solutions to the problems,including the practical nodes,the implementation of business thinking and the reinforcement of the standard of disproof.