Investigation And Forensics On The Crime Of Illegal Encroachmen

"Illegal Possession" is an important subjective element,and it is also an essential element of crime.It is the key to the distinction between crime and non-crime,the crime,and their crime.The “illegal possession” is a subjective psychological activity,and its unconfirmed nature is a universal consensus.For public security agencies,with the background of increasingly difficult confession acquisitions and an increasing number of cases involving fraudulent fraud,it is a difficult problem to effectively and accurately carry out investigations and collect evidences to prove “illegal possession” under the condition of non-confession or unture-confession.In order to find the best path and key point for investigation and evidence collection of illegal encroachment in the case of fundraising fraud,we start from the concept of illegal encroachment and the legislation on fraudulent fund-raising.Then,by tracing the legislative background and the meaning of illegal encroachment in China,and comparing our native illegal encroachment theory and burden of proof with foreign countries,we find that the substance and fact of externalization of illegal encroachment in the crime of fraud should have the meaning of exclusion and meaning of use.Meanwhile,the identification of illegal encroachments in foreign countries usually needs an evaluation of defendants,which is normally based on their characters and can be used to enhance the presumption of criminal probabilisticity.Finally,the key to the investigation ways and methods of illegal encroachment are summarized around the exclusion of meaning from the crime of fraud in fundraising and the externalization of the use of meaning.In brief,under the background of big data,the author attempts to explore a new way of investigation and collection of evidence for public security agencies by the method of investigating the social background of criminal suspects and the evaluation of unspecified social groups.Finally,from the perspective of judicial practice,this article provides the concept of illegal encroachment and associated legislative proposals.